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1 

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*     « 


ON 


•     « 


1 


THE  TRIAL 


OF 


GENERAL  TH.  J.  SUTHERLAND,' 

LATE  OF  THE  PATRIOT  ARMY, 

BEFORE  A  COURT  MARTIAL 

OONVENEDAX    TORONTO  ON  THE  13th  DAY  OF  MARCH     A    D     Ig^H 
B.   ORDER  OP  SIR  PKANCS  BOND  HEAD,   LIEUTENANT  * 

GOVERNOR  OF  SAID  PROVINCE, 
K.  C.  B.  <fec.  (fee.  &C. 

WITH  HIS  DEFENCE 

AND  OTHER  DOCUMENTS  ' 


BUFFALO : 
iss  OF  OLIVER  G.  STEELE. 
1838. 


if 


n3B 


DISTRICT  OF  MICHIGAN,  TO  WIT  : 

BE  IT  REMEMBERED,  that,  on  the  second  day  of  June,  Anno  Donini 
one  thousand  eight  hundred  and  Ihirty-eigbt,  Laura  Si  HKnuANi),  of  tlie  said 
Diatrict,  hath  deposited  in  this  office  the  Title  of  a  Book,  the  title  of  which  is 
in  the  words  following,  to  wit : 

<<  The  Trial  of  General  Th.  J.  Sutherland,  late  of  the  Patriot  Army,  &c., 
before  a  Court  Martial  con  ened  at  Toronto,  on  the  13th  day  of  March,  A.  D. 
1838  ;  by  order  of  Francis  Bond  Head,  Lieutenant  Governor  of  said  Province, 
K.  C.  B.  &c.  &c.  &.>  on  a  charge  of  having,  as  a  citizen  of  the  United  States, 
levied  war  in  the  province  of  Upper  Canada,  against  Her  Majesty  the  Queen  of 
Great  Britain,  &c.;  with  his  defence.     New  York,  1838." 

The  right  whereof  she  claims  as  proprietor,  in  conformity  with  an  Act  of 
Congress,  entitled  "  An  Act  to  amend  the  several  Acts  respecting  copy  rights  " 

JNO.  WINDER,  Clerk  of  the  District. 


BO 


57 


TRIAL 


OF 


GENERAL  TH.  J.  SUTHERLAND. 


FOURTH  DAY. 


MONDAY,  MARCH  19,   1838. 


The  Court  met  pursuant  to  adjournment.  Present  the  same  mem- 
bers as  on  Saturday.  Dr.  Sedingham  was  again  called— who  states 
that  the  prisoner  is  fit  to  be  brought  before  the  Court.  The  prisoner 
Thomas  Jefferson  Sutherland,  was  then  brought  into  Court,  and  was 
asked  by  the  Judge  Advocate  i^  he  had  any  objection  to  make  to  any 
member  of  the  Court,  when  he  answered — "  As  it  is  only  within  the 
last  half  hour  that  Mr.  Ridout  has  been  applied  to,  to  aid  me  in  mv 
defence— 1  crave  that  the  Court  will  adjourn  a  reasonable  time  to 
enable  me  to  shape  more  particularly  the  objections  I  wish  to  make 
before  this  Court  Martial." 

The  Court  was  then  cleared,  and  re-opened  ;  on  the  prisoners'*  be- 
ing brought  in,  he  was  acquainted  that  he  must  now  make  any  speci- 
fic objection  he  may  now  desire  to  make. 

The  Prisoner  then  made  the  following  objections  ; 

First— Thai  Major  Dewson  is  on  full  pay  in  the  British  Army — 
and  therefore,  not,  within  the  spirit  or  meaning  of  the  Act,  competent 
to  sit  on  this  Court  Martial,  required  to  be  composed  exclusively  of 
Militia  Officers.     And 

Second— That  the  President  has  never  sat  upon  a  Court  Martial. 

The  Court  was  again  cleared,  and  re-opened,  and  the  prisoner  was 
mformed  that  the  Court  overruled  the  objections. 

The  President  then  asked  the  prisoner  whether  he  was  guilty  or 
not  guiltv.  to  whir.b  li«  an«»w'»r*'d  "  no*  "ui't '  " 


1(» 

Jo/in  Prince,  Lioul.  Colonel  in  the  Militia  of  Upper  Cdtiadi^  be- 
ing duly  sworn  on  tlic  Holy  Evangelists,  states  to  the  (.'ourt  : 

1  hat  on  {\\oJonrtk  da,/ of  March,  instant,  ho  was  returning  from 
(^orheld,  in  the  Western  District,  was  travelling  in  a  sleigh  along 
the  shores  ol    Lake  J<:ri(,'  on  ihe  Canada  side,  about  half  past  foin- 
o  clock,  I .  M.  he  saw  at  a  great  distance  two  objects  on  tho  ico, 
which  he  thought  were  men  :  was  in  company  with  Captain  Girty 
and  Mr.  Ifaggerty,  and  they  had  been  with  him  on  Point  J'ele'  Island 
on  the  preceding  day,  uith  the  forces  imder  the  command  of  Colonel 
Maitland.     In  about  twrniij  minutes  after  he  bad  seen  the  objects  he 
saw  that  they  were  men  coming  from  the  Mich  iiran  shore  towards  the 
Uinada  shore;  conceiving  them  to  bo  spies  he  determined  to  inter- 
cept them  if  possible,  and  having  met  people  who  accommodated  him 
and  Mr.  Haggerty  with  fresh  horses  and  sleighs,  Mr.  Maggerty  got 
into  one  ot  the  sleighs  and  witness  into  another  ;  having  previously 
prevailed  on  Mr.  Girty,  who  was  unwell  and  his  horses  tired,  to  re- 
main where  he  was.     They  drove  on,  witness  first,  followed  by  Mr. 
ilngg(!rty  ;  when  witness  came  within  about  a  hundred  yards  of  the 
prisoner,  who  had  another  person  with  him,  of  the  name  of  Spencer, 
he  desired  the  man  who    drove  him  to  stop  and  take  charge  of  his, 
witnesses   pistols.     Ho  also  left  in  the  sleigh  a  tomahawk  which  he 
had  and  advanced  towards  the  prisoners,  following  them  and  having 
his  gun.     He  desired  Mr.  Haggerty  to  follow  with  his    gun  also.— 
He  was  about  futy  yards  ahead  of  Mr.  Haggerty  when  he  hailed  the 
prisoner  and  his  companion,  and  desired  them    to  halt.     They  did 
so,  and  the  prisoner  Sutherland  asked  *'  2vhat  do  you  want,  we  are 
American  citizens  going  about  our  iusiness."     As  witness  advanced 
he  recognised  Mr.  Sutherland,  and  said  that  they  toere  some  of  the 
people  he  had  been  long  looking  for,  or  words  to  that  effect ;  on  their 
turning  round  he  discovered  that  they  had  swords,  and  advanced  to- 
Wrtrds  Mr.  Sutherland  and  took  his  sword  from  him ;  at  that  moment 
Mr.  Haggerty  came  up,  when  witness  desired  Mr.  Haggerty  to  de- 
mand the  sword  of  Sutherland's  companion,  he  did  demand  it,  and 
bpencer  gave  it  up  to  hiin.  Witness  then  demanded  of  both  if  they  had 
any  iire  arms  about  them,  they  assured  him  thef/hadnof,  when  wit- 
ness said  he  would  be  satisfied   with  that  assurance  and  would  not 
search  them.     He  then  told  them  to  consider  themselves  as  his  pri- 
soners, and  to  march  before  him  to  the  sleighs  which  were  at  some 
distance.     Mr.   Sutherland  then  charged  witness  with  having  taken 
them  on  the  American  waters.     Witness  told  him  to  look  at  our  shore, 
and  at  the  American  shore  from  whence  became,  and  he  told  him  to 
bear  m  mind  that  they  were  about  a  mile  and  n  half  from  the  Canada 
shore,  whde  fhey  were  about  five  or  six  miles  from  the  American 
shore.     Prisoner  then  stated  that  he  thought  he  had  a  right  over  any 


11 


of  the  waters  of  Lake  Erie,  or  words  to  tliat   cfTucf.     He  then  de- 
sired that  witness  would  take  him  before  his  commanding  officer  and 
he  expressed  a  liopo  that  ho  should  not  ho  used  ili  by  us.     Witness 
told  urn  thai  ho  should  be  taken  before  the  commanding  officer,  and 
should  not  be  ill  treated.      Witness  wished  the   Court  distinctly  to 
understand  that  the  place   where  he  captured  the  prisoner,  was  not 
■    adove  a  mile  and  a  half  from  the  Canada  shore,  and  it  was  on  that 
part  oj  Lake  Erie  which  belongs  to  the  British  government.     He  al- 
so wishes  the  Court  distinctly  to  understand  that  it  was  at  least  five 
miles  Jrom  the  American  shore.     Witness  also  wishes  the  Court  to 
understand  that  the  swords  were  both  vcrv  efficient  swords,  and  they 
wore  them  as  military  men  usually  do.     Witness  had  seen  Mr.  Suth- 
erland at  ])etroit  some  time  previous  to  that  day,  about  six    weeks 
previous,  and  a  few  days  after  the  capture  of  the  schooner  Ann  of 
Detroit.     He  had  then  a  sword  by  his  side,  which  witness  believes 
to  be  the  same  which   he  took  from  him.     He  also  wore  a  military 
dress  with  a  tn-colored  cockade  in  his  hat.     After  Mr.  Sutherland 
became  the  witnesses'  prisoner,  they  proceeded  in  sleighs  to  Maiden, 
where  witness  placed  him  in  charge  of  the  Honorable  Colonel  Mait- 
Jand,  then  commanding  there. 

On  the  following  day,  being  Monday,  and  Col.  Maitland  having 
expressed  his  determination  to  send  both  the  prisoners  down  to  To- 
ronto, and  the  prisoner  Sutherland  having  the  preceding  day  express- 
ed a  wish  to  make  a  communication  to  them,  witness  arranged  with 
Colonel  Maitland  that  the  prisoners  should  be  brought  before  him, 
this  witness.  Major  Lachlan,  and    Captain  Prideaiix  Girty,  Esqs. 
all  ot  whom  were  magistrates  in  the  Western  District.     The  priso- 
ner feutherland  was  in    onsequence  brought  before  them  about  mid- 
day, in  a  room  in  the  garrison  where  any  body  who  pleased  was  al- 
lowed to  enter,  and  the  room  was  filled  with  military  men  and  civil- 
ians,    ihe  prisoner  Sutherland  was  brought  in  first,  and  alone,  apart 
iromnis  companion;  witness  then  reminded  him  of  his  having  ex- 
pressed a  wisa   to  make  a  communication  to  them;  witness  stated 
mat  ne  and  his  brother  magistrates  were  ready  to  receive  any  infor- 
mation he  may  choose  to  give,  at  the  same  time  reminding  him  that 
be  need  not  say  any  thing  which  would  criminate  himself.     He  said 
he  was  aware  of  that,  and  that  he  would  frankly  tell  us  all  he  knew. 
He  then  made  a  voluntary  statement  which  witness  heard  throughout. 
Atter  he,  the  prisoner,  bad  made  this  statement,  witness  reduced  the 
substance  of  it  into  writing  in  his  presence.     Witness  aiso  produced 
a  newspaper,  (which  newspaper  he  here  handed  into  the  Court,  be- 
ing the  ''Detroit  Morning  Post,"  dated  the  12th  of  January,  1838,) 
the  paper  containing  the  prisoner  Sutherland's  despatches  and  pro- 
clamations, but  that  some  of  them  worfi  writtPn  fnr   nffi.nf      WK«.r. 


' 


r 


12 

witness  had  finished  the  statement  abcvcmentioned,  which  he  now 
holds  in  his  hand,  he  read  it  deliberately  over  to  the  prisoner,  and 
asked  him  if  it  was  substantially  true — he  said  it  was. 

Here  the  witnosss  delivered  the  statement  to  the  Judge  Advocate, 
who  read  it,  when  it  was  referred  to  the  Appendix. 

Witness  here  also  delivered  to  the  Judge  Advocate  the  newspaper 
abovementioned,  who  read  the  publications  stated  in  the  declaration 
of  Mr.  Sutherland,  and  referred  it  to  the  Appendix. 

Witness  also  recollects  a  statement  made  by  Mr.  Sutherland  when 
he  was   taken  prisoner,  which  witness  desires  may  now  be  taken 
down.     After  Mr.  Sutherland  stated  that  "  they  were  American  citi- 
zens going  about  their  business,"  witness  remarked  that.  Americans 
had  no  kisiness  ih^re  in  these  timeSy  when  prisoner  replied,  that  '*  he 
was  going  to  Loioer  Sandusky  to  endeavor  to  intercept  some  persons 
who  had  stolen  some  money  from  him,  and  his  clothes  and  valise  while 
he  was  in  Monroe."    Witnjss  then  remarked  that  he  was  coming  in 
a  direct  line  from  the  American  to  the  Canadian  shore,  and  witness 
here  adds,  that  he  was  then  at  least  one  mile  at  this  side  of  the  line 
leading  lo  Sandusky,  and  their  steps  were  directed  towards  the  Ca- 
nada shore.     Witness  adds  that  a  line  from  where   the  prisoners 
were  taken  to  Sandusky,  would  run  in  about  a  south  westerly  course, 
as  far  as  he  can  judge,  and  that  they,  the  prisoners,  were  going  in  a 
course  about  south  easterly  ho  thinks,  and  if  they   had  pursued  the 
course  they  had  been  travelling,  they  would  have  been  on  the  Cana- 
da shore  in  about  half  an  hour.     Witness  states  positively  that  the 
prisoner  is  the  same  person  he  saw  at  Detroit,  and  whom  he  took 
prisoner  on  the  ice. 

Sutherland.  Were  you,  at  the  time  I  was  arrested,  in  a  certain 
degree  of  excitement  ? 

Answer.  I  teas  excited  in  a  little  degree  loith  pleasure  on  finding 
a  mart  whom  I  had  desired  to  meet.  I  was  excited  with  pleasure,  hut 
■nothing  else. 

Suth.  Might  you  not  have  mistaken  what  was  said  by  Mr.  Spen- 
cer at  the  time  of  the  arrest,  and  after,  for  what  had  been  said  by 
me  ? 

Ans.  Certainly  not.  Mr.  Spencer  said  nothing  that  I  heard  ex- 
cept his  asking  me  whether  he  was  bound  to  deliver  his  sword  to  Mr. 
Haggeny,  when  he  demanded  it  by  my  order,  and  I  have  no  recol- 
lect of  any  thing  else  said  by  Mr.  Spencer  on  that  occasion. 

Suth.  Did  Mr.  Spencer  on  that  occasion  say  that  we  were  on 
American  ground  ? 

Ans.     Not  in  my  hearing — I  never  heard  him  say  so. 

S%ith.  Was  it  not  Sandusky  instead  of  Lower  Sandusky,  that 
was  named  ? 


13 


Am.     No      Lower  Sandusky  was  the  placo  named,  certainly. 

^uth.  When  arrested,  did  [not  tell  you  that  w«  were  going  to  a 
Schooner  that  was  near,  for  the  night  f 

Ans.  Ho  did  not  say  so  when  arrested,  but  he  said  so  in  about 
fwenty  minutes  after,  and  I  observed  on  the  improbability  of  the  act. 
because  the  Schooner  had  been  stranded  in  the  ice  all  the  pointer,  a 
iongjutance  from  the  shore,  and   without  any  body  or  any  fuel  on 

fuefon'bon^rd'?  "^'^  ^°"  ^"''''  ^'"^  ^^'""^  '"''''''   "^'^^^'  P^''""^  "°^ 

hn^T^^u  ^,^^^^  *^«^«^^  •'''«'  I  did  know  that  there  was  nothing  on 
board  oj  her,  but  I  had  seen  her  in  the  same  position,  blocked  up  in  the 
ice,  about  a  month  before,  and  1  took  it  for  granted,  that  there  were 
neither  persons  or  fuel  on  board  of  iier,  and  I  believe  there  were  not. 
tiuth.     Where  did  you  first  see  the  schooner  ? 

I  .n  ?'     '  ?/'^^'^T  '''"^  schooner  in  \ne  place  where  she  was  when 
1  captured  Mr.  Sutherland,  and  that  place  is  within  the  province  of 
Upper  Canada,  and  not  within  the  waters  of  the  United  States, 
oum.     How   far  were  we  from  the  schooner  at  the  time  of  the 


arrest  ? 

Ans. 

Suth. 
ground  ? 

Ans. 


Within  half  a  mile. 

Did  I  not  say  to  you  that  I  supposed  she  was  on  Ar 


n 


I  do  not  rep,ollect  any  thing  of  the  kind  being  said. 
Mainly  was  not  ^aid  to  me.  ° 

hef f^'     ^"^  "^^'"  ""^^^  ^'°"  ^°  *^^®  schooner  the  first  time  y. 

Afis.     I  was  on  the  main  land,  travelling  on  the  Canadian  side, 
that  vicina  e  ^^  "'''''^  ^^""^  °"^  schooner  frozen  in  the  ice  in 

Ans    There  was  one  about  four  miles  below,  close  upon  the  Cana- 

f^.nl^i?  '"/^'  Township  of  Colchester,  I  believe,  and  they  were 
the  only  two  I  saw  frozen  up  in  the  lake. 

them  f '     ^^^  '^^'^  ^''''"  "^"^  '''^®''^'  '"^'■^  y''"  '^^^^y  *°  ^^^^  ^®^« 
Ans.     If  there  had  been  any  others  in  that  vicinity,  within  three 
or  four  miles  of  the  scnooners  spoken  of,  I  should  have  seen  them. 
u-^Tful  A  "°^  ^^  '""^  ?^^"  ^''-^^"  "P  "between  the  Canada  shore 

arrest  ?     ^^"""^^  '^°'^  above  the  schooner,  a  short  time  before  my 

Ans.  It  is  impossible  for  me  to  say  whether  it  was  or  was  not 
broken,  not  having  been  in  the  neighbourhood  in  the  time  mentioned, 
at  that  time  I  was  either  at  Sandwich  where  I  reside,  and  which  is 
twenty  miles  distant,  or  I  was  in  Toronto.  ' 


14 


ISuth.  How  many  miles  below  Amherstburgh  were  you  wlien  you 
first  discovered  the  prisoners  t 

Ans.     A"  mr  as  1  can  judgo  from  memory,  about  nine  miles. 

Sufh.  llov/  long  a  time  einpsed  after  seeing  tlio  prisoners,  Ijeforo 
you  commenced  following  them  1 

Ans.     I  think  about  twenty  minutes. 

Suth.  Was  witness  .'ooveor  below  the  prisoners,  as  to  the  cur- 
rent, when  ho  left  the  Canada  shore  1 

Ans.     I  was  above  them. 

Suth.  Were  not  Mr.  Spencer  and  myself  within  throe  miles  or 
less  of  an  island  in  the  vicinity  of  the  schooner  al  the  time  of  the 
arrest  ) 

Ans.  Certainly  not,  ao  far  as  I  know.  The  only  island  with 
which  1  am  acquainted,  is  Bois  Blanc,  and  that,  1  think,  must  be 
seven  or  ei^ht  miles  from  the  schooner. 

Suth.  To  what  point  of  land  on  the  A.^erican  shore  were  we 
nearest  when  arrested  1 

Ans.  I  am  not  sufficiently  acquainted  with  the  American  shore 
to  answer  that  question  positively,  but  I  think  it  must  be  ai  or  below 
Gibralter,  in  Michigan. 

Suth.  To  what  point  of  land  on  the  Canada  shore  were  we  most 
near  when  arrested  ? 

Ans.  There  is  no  particular  name  that  I  can  give  to  the  point  of 
land  nearest  to  the  spot  where  I  arrested  the  prisoners,  but  I  think  it 
must  have  been  about  two  or  three  miles  below  a  place  called  Hart' 
ley^s  point. 

At  four  o'clock,  P.  M.  the  President  adjourned  the  Court  until  ten 
A.  M.  to-morrow. 


c:  •• 


IS 


riTTH  DAY. 


TUESDAY.  MARCH  20,  5888. 


he..b„.s.  and  Mo„.tr«rr.J^^'«^"  i^^r"""'"^  '»  ^'"■ 

GeL'™l's"1fffi.^''rnd?alleT:  '"'.".''T''  "  '"""  f™""  "■«  Purveyor 
same  a/bdne  mr,  or  ?-  ~  >°  Purveyor  General  lo  prove  the 
John  Macaw  fyl"  "henca  fed  and  h  "■"  "f"':    '""  """""""^ 

^w7    Th.  ^  ,"^V^'*  ^«"^  *°  ^'"'^h  the  schooner  Jay  ^ 

proS;gthem^"  ''''"''"™  '"'«'""'«  P"^""^^'  ^ave  seen  you  ap- 


16 


Ans.  'riicy  might  have  sncn  me  (Voiri  the  time  I  lolt  tlio  shore  in 
pursuit  of  them,  if  they  had  heeii  on  tlie  hxik  out. 

Stith.  Did  prisoner  before  the  r  xnmination  .spoken  of  by  witness, 
say  to  witness  lie  had  any  oonnnu.'jication  to  make  to  Wnni 

Ans.      He  did  not  sai/  so  to  inv.  iirrsonalhj. 

8uth.  At  the  time  of  the  examination  spoken  of  at  Amherstbnrgh, 
on  the  nth  instant,  did  not  prisoner  say  that  ho  had  been  on  Navy 
Ishtnd  with  Mackenzie  and  Van  Kensselaer,  and  that  he  liad  left  them 
in  disgust,  >  r  because  he  was  entirely  dissatislied  with  all  their  pro- 
ceedings ;  and  that  afier  lie  hud  left  them,  Mackenzie  became  one  of 
his  bitterest  enemies  ? 

Ans.  The  prisoner  certainly  did  at  Amherstbnrgh,  say  that  he 
had  been  on  Navy  Island  with  Van  Kensselaer  and  Mackenzie,  and 
that  he  was  dissatisfied  or  disgusted  with.  Mackenzie;  but  he  made 
no  such  remark  wiih  respect  to  Van  Rensselaer,  nor  do  1  recollect 
li.athesaid  that  Mackenzie  had  become  one  of  l)is  bitterest  enemies. 
The  prisoner  expressed  dissatisfaction  with  Mackenzie  as  to  his  mili- 
tary arrangements  on  the  Island.  He,  the  jirisoner,  also  stated, 
that  Mackenzie  had  been  plotting  against  him  on  Navy  Island. 

Srtth.  Did  the  prisoner  say  he  left  Navy  Island  before  the  com- 
mencement of  any  hostile  operations  I 

Ans.  1  have  no  recollection  of  his  having  said  so.  Hut  ho  stated 
he  was  second  in  command  under  (leneral  Van  Rensselaer,  and  I 
think  he  said  he  left  the  Island  Ixdore  the  destruction  of  the  Caro- 
line. I  think  he  stated  also  (hat  he  left  on  or  about  the  20th  of  De- 
cern b(M*. 

Sulk.  Did  prisoner  stale  on  'lis  examination  that  he  had  employ- 
ed or  joined  persons  or  a  party  at  Cleveland,  Ohio,  with  whom  he 
came  on  to  Gibralter  :  or  did  he  state  to  witness  that  he,  prisoner, 
came  on  from  Cleveland  in  the  same  beat  with  a  party  of  armed  men 
wiio  came  at  thtMr  own  instance,  and  whose  passage  was  paid  by  citi- 
zens of  Cleveland  ? 

Ans.  I  remember  nothing  that  passed  on  that  occasion  more 
than  what  is  contained  in, the  written  statement  before  the  Court.  It 
is  not  an  examination,  but  it  contains  a  voluntary  statement  of  the 
prisoner. 

Suth.  Did  not  prisoner  tell  witness  on  said  examination  that  the 
paper  rend  to  him  though  substantially  correct,  did  not  contain  the 
explanations  prisoner  had  given  ;  to  which  witness  replied,  that  it 
would  take  loo  much  lime  and  paper  to  put  it  all  down  ? 

Ans.  I  said  nothing  of  the  kind,  but  when  I  had  read  over  the 
statement,  I  asked  inm  ii  lie  wished  to  add  a'\v  thing  more,  and  he 
stated  that  if  he  was  aware  of  the  exact  position  he  stood  in,  with  re- 
gard to  us,  he    might  be  induced  to  otfer  his  services  to  us  ;  which 


17 


lul'l  an  iinprussion  ujwu  my  iniiid  that  ho  was  desirous  of  enli«ting 
in  our  cuuso  against  tho  Americans— for  ho  said  that  ho  had  made 
up  liis  mind  not  to  put  his  fool  again  upon  Aniorican  soil  if  ho  could 
Hvoid  it— or  words  io  that  olfuct.  All  this  was  said  hy  tho  prisoner 
after  tho  bta.tement  had  hoon  road  over  to  him  by  mo,  and  1  looked 
upon  it  as  a  conversational  romark  and  Ihoroforc  did  not  add  it  to 
tho  statomot)t. 

(S'«i!/<,  ])i(l  witnop^  or  any  other  person  on  said  examination,  ask 
prisoner  to  fjign  tho  paper  produced  and  alleged  to  contain  the  state- 
ment of  prisoner  ? 

Alls.  /  did  not.  ask  kiin.  In st'irn  Uy  nor  did  any  other  'person  in  my 
presence.  In  my  practice  as  a  magistrate,  I  generally  take  down 
the  statements  of  prisoncM's  and  read  over  and  explain  them  to  tho 
prisoners,  and  make  a  minute  at  tho  foot  of  what  they  state,  after 
having  hud  the  same  read  over  and  explained  to  them— and  I  never 
ask  them  to  sign  them. 

Suth.  Has  witness  ever  examined  the  sword  taken  from  prisoner 
— if  so,  describe  it  % 

Am.  f  have  examined  the  sword  and  it  is  a  tawdry  Yankee  sword. 
It  is  remarkably  sharp  at  the  end— sharper  than  i^words  generally 
are,  and  appea'.'d  to  have  been  recently  ground  and  whetted.  Tho 
scabbard  is  washed  or  plated  wliife,  with  devices  on  the  outside — 
and  as  he  has  asked  mc  to  describe  it,  1  add  that  it  is  of  so  fine  and 
paltry  a  character,  that  Ihelicve  a  British  oljicer  leouH  feel  himself 
disgraced  hy  wearing  it.     I  consider  it  to  be  (^fTjciont  to  thrust  with. 

The  witn{;ss  iiero  was  directed  to  withdraw,  and  he  withdrew  ac- 
cordingly. 

Pridcdux  (rirty,  of  tho  townshij)  of  Gorfield  in  the  Western  Dis- 
trict of  Uppor  Canada,  Esquire,  and  a  Captain  in  the  first  regiment 
of  Essex  militia,  having  been  duly  sworn,  stales  to  theC'ourt  : 

That  on  th(;  fourth  instant  I  was  returning  from  Point  Tele'  Island 
with  Colonel  Trinee,  and  a  man  named  llagg(;rty  with  us.     When 
we  were  about  a  mile  and  a  half  above  IJig  Creek,  which  is  six  miles 
below  Amherstburgh,  Colonel  Prince  said  that  there  were  two  objects 
on  the  ice. ^    We  drove  on  still  towards  Amherstburgh,  perhaps  tho 
dist-ince  <»f  a  mile.      We  then  discovered  that  they  were  two  men.     I 
mentioned  to  Col.  Prince  that  I  suspected  they  were  persons  wishing 
to  avoid  our  guard,  they  boingenlirely  below  the  usual  place  of  cross- 
ing, and  recommended  that  we  should  pursue  and  ascertain  who  they 
were.     We  drove  a  short  distance  from  tho  main  to  the   American 
shore.     Wo  then  turned  round  and  concluded  to  go  up  to  Anderson's, 
at  Hartley's  point,  to  obtain  a  fresh  horse  and  as   tb.ov  were  an- 
proaching  our  shore  we  thought  they  would  bo  upon  it  by  the  time  we 
returned,  and  if  they  were  not  that  we  might  pursue  them.     But  we 
3 


! 


18 


found  that  they  were  so  near  the  shore  and  meeting  iwo  single  sleighs 
the  Colonel  asked  then  if  they  would  go  out  with  then,  that  is,  with 
him  and  Mr.  Haggerty.  They  went  into  the  sleighs  and  drove  oft* 
rapidly.  I  for  a  ^ew  moments  halted  at  that  place  with  my  sleigh, 
and  as  I  Xhow^^hi  I  discovered  that  the  "persons  were  running  I  drove 
after  them.  I  was  perhaps  at  the  distance  of  a  quarter  of  a  mile  in 
tJie  rear  :  'at  the  distance  of  a  mile  and  a  quarter,  or  not  more  than\a 
mile  and  a  half  from  the  Canada  shore.  Col.  Prince  came  up  with 
the  persons  we  were  pursuing.  1  perceived  that  the  Colonel  at  that 
moment  took  a  sword  from  the  hands  of  the  largest  man  of  the  two, 
whom  1  afterwards  ascertained  was  the  prisoner  Mr.  Sutherland. — 
Haggerty  went  up  to  the  smaller  man  and  took  his  sword  ;  his  I 
also  caw.  Colonels  Prince  and  Haggerty  with  the  two  men  then  re- 
turned ;  immediately  when  they  met  us,  the  Colonel  said  "  Girty, 
we  have  Gen.  Sutherland."  I  immediately  said,  I  know  the  young 
man  who  is  with  you,  having  seen  him  at  Pontiac,  at  the  head  of  a 
company  of  what  they  call  the  Patriot  army.  1  consider  the  distance 
from  the  Canada  shore  nearest  to  where  I  then  was,  and  directly 
thence  to  the  American  shore,  to  be  about  eight  miles  from  shore  to 
shore  ;  some  call  it  ten  miles.  On  the  nineteenth  of  February  I 
attended  the  theatre  at  Detroit,  and  there  saw  the  prisoner,  Suther- 
laxid,  being  the  first  time  I  ever  saw  him  to  my  knowledge.  On  my 
entering  the  theatre,  I  saw  him  addressing  the  persons  then  present, 
encouraging  the  cause  of  the  Patriots,  so  called  by  him,  inviting  his 
hearers  to  come  forward  for  the  relief  of  the  oppressed  Canadians. 
Such  was  the  terms  of  his  address.  I  left  the  theatre  before  the  usu- 
al time  of  iheir  dismissal.  Next  morning  1  went  to  Pontiac,  and 
thence  to  Ann  Arbour,  and  thence  to  Ypsilanti.  I  then  went  to  Am- 
herstburgh,  and  returned  immediately  to  Monroe  from  Ypsilanti,  on 
Friday  evening  the  twenty-third,  where  I  saw  Mr.  Sutherland.  That 
evening  there  was  a  number  of  the  persons  calling  themselves  patri- 
ots, in  the  taverns  of  the  village.  The  next  morning  I  saw  Mr. 
Sutherland  in  the  street.  I  immediately  left  the  place  and  proceeded 
towards  Amherstburgh,  following  up  the  rear  of  the  Patriot  army, 
v:.til  they  crossed  to  Fighting  Island,  when  I  returned  to  Gibralter 
and  crossed  the  river  to  Amherstburgh,  where  I  gave  information  of 
what  I  saw  to  Colonel  Maitland.  I  did  not  again  see  Mr.  Sutherland 
until  he  was  taken  on  the  ice. 

On  the  morning  of  the  fifth,  I  went  with  Col.  Prince  and  Major 
Lachlan  to  the  Fort,  when  Mr.  Sutherland  was  brought  before  us.. 
The  Colonel  then  asked  him  some  questions,  and  cautioned  him  par- 
ticularly not  to  say  any  thing  that  would  militate  against  him.  He 
then  stated  :  "  Gentlemen,  I  will  tell  you  frankly"— and  stated  that 
he  had  been  on  ^avy  Island,  and  was  second  in  command  at  that 


tr!'^    ^\^\  ^^}^\^^^  certain  date  which  I  do  net  now  recollect 

G    raKMict"^   ''"^P  ^^  Cleveland,  and  from  that  upt^ 
oibralter,  in  Michigan,  nearly  opposite  Amherstburgh.   He  also  con- 

Ihict't  ev  had  7"  "'.'  ^'^"'  ^   P^^"°^«'  -  ^  ^sco.  or  boarof 
lol  K    K  ^  u^  !^"' '''  ^''^'  ^»  ^^  n^ght  of  the  eighth  of  January 
4hat  he  had  the  direction  of  them.     That  there  had  been  some  disa' 

TrrS  Tsa^ t"  \^  ^°.  "'^  ^'°"'^  command     Withers    tes 
?.!     i       ^  u  ^^^^^  ^^'^^'^  come  up  to  the  corner  of  Bois  Blanc 

Le  boV    Thr'"  '"'  f't''^''  °^ '^""«"  which  took  Kk"™ 
Tr  tK       •  IH  P^'i^^ncr  further  stated  that  he  landed  on  the  morning 

thVe'e'm'n!'  ''  ''""'^^'  ^"  ^^^^  ^^^"^  ^^'-^'  ^^  theta'd  of  fiftf 


SIXTH  DAY. 


WEDNESDAY,   MARCH  21,   1838. 


feerT'a:  yeTeX'""""' ''  adjournment.     Present,  the  same  mem- 
Prideuux  Girty,  Esquire,  again  called,  who  continued  his  evidence 
The  examination  of  Mr.  Sutherland  was  here  put  into  the  hands 
of  this  witness,  who  states  that  it  is  the  same  taken  by  Col  Prince 
at  Amherstburgh  in  witness'  presence  ;  that  Colonel  Prince   readll 

Tthat  tllT^'''  '"'  "^'^'  '""  ''  ^'  -«  <^--^  -"Te  Tdmit' 
^J^'^''^'f^'^^l<^^^o£the  magistrates  attending  upon  that  occasion 
and  says  that  his  name  at  the  foot  thereof  is  hifprope   signature 
Court.     How  long  haveyou  lived  in  the  Western  DistHcrand  are 

tr.vf  r;»K,-i  7.^'  ^°f_"  ^_".  '^^  township  of  Maiden  in  the  Western  Dis- 
rhrj«"r"""V" V  'l- '''''  """'^  *  quarter  oi  Amherstburgh,  and  have  liv^d 
ltJ\  ^^''"'  thirty  years  of  my  life.  I  am  well  Acquainted  with 
the  coast  .long  to  Point  Pele',  andin  particular  that  part aboutTwa 


•ao 


nu«li«ln\ir  luiloN  lidow  w\\o\'v.  I  livi'.  ialfctl  Unv  foint,  oho  ritlhil 
Uarlliya  Votnl,  ic/nch  is  (hr  nf^arrnt  nxal  on  l/ir  (\mai1a  uliorr  lo 
where  fhf  luisonrr  ti'n>t  taken,  ami  Voiiil  Monll/r  m  Ihr  iirair.sf  point 
on  th-  Atii'rii'an  .v/<t>/v'.  V'o  ilir  hasf  of  imj  lic/icf  omi  lo  1m  within 
limit.f,  liitotv  the  tlistaiur  from  w/^rr  ihn  prisoner  was  lahvn  to  l*oii;t 
Momllv  at  four  mites  an<l  a  half  mImo  it  \h  usiiully  wiitl  fo  ho  hImmiI 
ciglH  niilcH  iViiiu  hIuuv  Io  .shore.  /  af\oin  state  that  the  tli.s/antr  from 
the  Cviada  .v/>(»rr  to  whn'i  prisonei'  wait  taken,  is  within  a  mile  ami 

a  half. 

l^ntherlantl.     At  wliul  linur  of  ll»(>  <!nv  did  llm  nrfpMf  tnkr  plum. 
Answer.     I    lliinK  it   wmm   hnlvvctMi   ruiir  tuid  livn    o'clock  in  tlu' 

iirt<M"iioon. 

Sath.      At  tholimo  oftlie  niTCHt,  did  ym\  ohRnrvo  ti  hcIkkukm-  Iro. 
•/fn  ill,  i\Md  if  so,  what  distance  were  yon  from  llin!  scliooiicr  ? 

Ans,      I  Huw  »  schooner  I  shotilil  jnflirr   ol>ont  two  miles  or  verif 

neor  that. 

Snth.     Did  yon  «eo  nny  other  mhoonin'  in  thiil  vicinity,  or  nnnr 

wluM'c  the  nrrest  look  phice  f 
Afts.      I  *li(l  not. 
Suth.     Was  there  not  n  travelletl  road  on  the  ico   between  Point 

Monille  aixl  Har  INmiU  I 

Ans,     Not  in  that  direcliiM). 

M»f7/>.  Did  yon  see  an  ishmd  near  the  schoon(>r,  ,nd  what  direc!- 
tion  did  ihi^  island  hoar  iVtnn  it,  and  how  far  distant  lVon»  the  schooner  T 

Ans.  1  did  not  see  an  Island.  There  is  no  Island  nearer  the 
sefiooner  than  Uois  lilanr.or  Stiunre  Island,  whieh  are  more  than 
four  miles  from  the  schooner. 

"     Suth.     \s  \]o\  \\\o.  West  Sister  Hsiand)  to  bo  seen  fro.n  throe  indos 
b'do\-  Hartley's  point,  or  iVoni  wher(>  the  sciiooncr  lay  1 

Ans.  In  a  V(mv  clear  day  yvttJ  «an  discover  it  with  iho  oyn.  It 
18  n«)l  less  than  tilVeen  miles  distant  iVoni  llarihiy's  point. 

Snth.  M\or  you  started  in  pnrsuil  what  was  yonr  eourso  on  tho 
Wo  after  prisoner,  and  what  length  oi'  time  elapsed  before  ho  was 
ovevtakiMi  or  in(i  hv  Mr.  Tiince  I 

Ans.  It  was  nearly  in  a  smitherly  direction,  I  thiid;  it  oonld  nol 
bo  nioro  than  ten  minutes  from  tho  time  Mr.  Trinco  got  into  tho 
sleigh  ho  mot,  nntil  \\o  ovoitook  the  prisoner. 

ISuth.  Was  prisoner  running  or  only  walking,  when  in  all  nroba- 
bility  or  to  tlu^  best  oC  your  impression,  ho  must  have  soon  Mr.  rrinco 
and  those  in  pursuit  of  him  ? 

Ans.  \  was  iindor  tho  impression  that  tho  prisoners  did  run  ioi 
moro  than  a  ijuartcr  Ki(  a  milo. 

t^uth.  At  what  house  did  you  see  prisoner  on  tho  Friday  evening 
von  mention  at  Monroe  f 


Ul 


Arnt.      At  n  ;  uhlir-k  inn,  I  <l'i  riof  rr>irir'ml»«'r  Iho  nrunn. 

Si(ffi.  ^  You  wfiy  yf.ii  (nllowcd  fho  I'lifiiot  nrrny  IVoin  Monrnn  up 
»«ivvrir(l«  l''igli(i(i|^5  JMlimd,  did  yon  iImmi  i»r  ftflnr  hZ-o  prisofinr  with  tho 
I'ldriot  nrniy,  nv  i\a  y<iii  know  <•!'  Ih'n  having  any  connoxioti  with  thorn 
nl'lnr  yon  «/nv  him  nt  Monron  ? 

/!?/.*.  I  (\'u\  not  Hr>(?  hitn  wilh  Ihf  I'/ilriot  nrmy  hntwnon  Monroo 
nnd  l''i/»hlMi^  IhIiumI.  I  do  not  know  Ihfii  hn  hnd  any  coiinoxion  wilh 
tho  I'nitiot  nrmy  nffnr  1  miw  him  ut  Monron. 

Sitf/i.  Did  wiftioMN  ttm  n  ono  horwo  Hlnigh  nroin  tho  inn  from  the 
f'nnndn  (n  fho  Amcrifnn  Hh(»ifi,  nnd  Ntop  wilh  priHonoriiiifl  hin  corn- 
|mnion  on  the  ico  '( 

AuN,     No. 

Wi//A.  Wmn  ii  not  n  rjoftr  finnshiny  dny  whnn  prisorior  was  fir- 
rPHtcd  1 

Alls.     Ii  wnsn  lidrM'Ml.ly '*l''Mi'  of  liiir  (iClornoori. 

Nuffi.  A I  thn  time  oCHnid  nxMminnfion  did  not  priwonc-r  tnll  witne»» 
ihnt  nl  Romntimo  in  tho  dfirly  pnrf  of  I'Vhrnary  hiwl,  ho  hnd  ronolvnrl 
lo  hnvf)  no  morn  to  do  with  Iho  I'lttriots  (d'Ifppor  ('nnadn,  nn  ho  then 
hfdiffvod  ho  hiid  hrnn  dcn-civcd  nst  to  thn  intnntion«  of  tho  poopio  of 
llppor  ('(Uinda,  nnd  hnd  ftindn  n  jormdl  ro.sign(iti(m  lo  ihrun,  nnd 
nuido  fho  mmv  known  in  Minhigun,  nnd  that  ho  hnd  then  dotorminod 
to  wrilR  n  hook  lor  pnhlicntion,  giving  a  truo  nccoiint  of  tho  proceed- 
ingN  of  tho  IViriolH  of  Up|)or  Cnniuhi— or  wordw  to  thnl  oiHint  ? 

Afi.i.  After  Iho  Hlnl»'mont  wns  mndo  nnd  fdgnnd  hy  fho  rnngis- 
Iriilos,  ho  spokolo  this  olii-ct.  Thnl  hn  Inid  rnNigrKul—thnt  ho  wn« 
g<)ing  »Mi8t  to  wriln  n  hook— that  if  ho  know  how  hn  Htood  with  us  ho 
might  hf)  nsrifid  lo  oh,  which  h^ft  nn  imprf!N,sion  upon  my  mind  thut 
hnvvishndio  \m  qncnn'N  (^idntico  ;  nnd  niso  f(j  Ihn  ofrnot'thnl  ho  hnd 
hocn  (l(!f;niv(;daH  lo  Ihn  inlnntionH  of  ihnpnopin  of  IJppor  (/'unfida. 

Svfh.  At  Iht!  titnn  of  said  nxaminalion,  in  an.swor  to  Col.  Prince, 
did|)riNonnr  toll  wilnnKM  that  hn  hnd  had  nf)nonnnxion  whalovcr  with 
ihfi  p.MsonH  who  had  hnnn  in  armn  o\\  l-'ighling  Inlnnd  or  on  Point 
Pnl(!-  Ishind — that  hn  wa.s  not  awart;  of  having  nvnrHonn  any  o''thn 
pnrsons  said  1(.  have  h<'(Mi  on  INK;'  Ishind,  nxn.|,t  (.'apt.  Van  Hnnasn- 
hinr— nnd  thai  pris.nmr 'nad  nnvnr  in  his  lifo  hnnn  nt  or  nnur  Pole' 
island— or  did  you  over  hnnrrnf'  mnkn  such  slainmnnt. 

Alls.  Witness  dors  not  mcollncl  that  (V)!.  Prince  over  asked  him 
such  a  (pins'ion,  nor  dons  hn  rncollnnl  thnl  any  ono  nlso  put  such  a 
(junstion  on  that  occasion.  Hn  ihiid's  ihat  whiln  hn  wns  on  tho  ice 
nflnr  having  taken  him,  that  hn  had  askfid  him  if  hn  had  not  hcen  on 
l"'ighting   jsland—hn  answered  "No."     Witness  nsked   him   then 

; •■  "'    i''.inf)nn  tMu,  iifui  ucxij  rsnoi  on  rf;i?ii  rcie  iniariQ. 

lie  snid  hn  did  not  know  any  other  ihan  Captain  Van  Rennsselaer. 

I  his  witness  thnn  withdr(!W. 


22 


I 


Mothew  Raijcs,  of  the  city  of  Toronto,  a  laborer,  nnd  a  native  of 
Ireland  was  culled  and  duly  sworn  ;  and  he  states  a.s  follows  : 

I  wont  to  Navy  Island  on  the  twenty-first  of  December,  1837, 
after  I  got  there,  Mr.  W.  L.  Mackenzie  asked  me  what  brought  mo 
there,  I  told  him  I  came  for  the  purposo  of  seeing  the  Island.  Mr. 
Mackenzie  then  told  me  that  I  could  not  leave  the  Island.  I  saw  the 
prisoner  on  the  beach  when  I  landed.  There  was  a  Mr.  Gorham, 
who,  I  understand,  came  from  New  Market  in  Upper  Canada;  ha 
told  me  himself  that  he  came  from  New  Market.  Mr.  Gorham  acted 
as  Aid  de  camp  to  Gen.  Van  Rensselaer.  I  saw  the  prisoner  en  the 
Island  from  time  to  time,  from  the  twenty-first  to  the  twenty-eighth 
or  twenty-ninth,  I  oanjiot  be  positive  which.  lie  was  in  the  capacity 
of  second  in  command  of  what  they  call  the  patriot  forces.  He  was 
.Brigadier  Genern.  I  saw  him  leave  the  Island,  it  may  have  been 
the  284h  or  29th  of  December,  but  I  am  not  positive  us  to  the  day. — 
He  carried  a  cavalry  sword  slung  in  the  usual  form.  There  were 
no  people  in  uniform  on  the  island.  Those  on  the  island  were  gene- 
rally armed  with  guns,  swords,  pistols  and  pikes.  Some  had  charge 
of  cannon.  The  prisoner  addressed  the  men  on  the  island  the  day 
he  loft  it,  and  gave  up  the  command  he  held  to  Major  Vreeland,  who 
then  took  his  piece.  Prisoner  said  «'  they  were  embarked  in  a  glo- 
rious cause,"  and  implored  the  God  of  battles  to  direct  and  prosper 
them.  ^      ^ 

Court.  Have  you  seen  the  prisoner  since  you  left  the  Island — if 
so,  state  when  ? 

Am,     I  have  not,  until  I  saw  him  now  in  Court. 

Court.  Did  you  see  any  other  British  subjects  whose  names  you 
did  not  know  ? 

Alls.  There  were  about  forty  or  fifty  persons  whom  witness  un- 
derstood were  British  subjects,  many  of  them  told  him  so,  and  he  had 
opportunities  of  conversing  with  them,  and  he  had  no  doubt  of  their 
being  British  subjects. 

Court.     Did  they  form  a  part  of  the  hostile  force  ? 

Ans,     Yes. 

CourL     Did  you  recollect  a  man  named  Swiizer  on  the  island  ? 

Ans.     1  do  not  recollect  any  man  there  by  that  name. 

Suth,  Did  witne.'isever,  or  at  any  time,  see  prisoner  in  ".onver- 
sation  with  W.  L.  Mackenzie,  on  Navy  Island  ? 

Ans.     Yes. 

Suth.  At  what  place  on  the  island,  and  what  was  the  subject  of 
the  conversation  ? 

r.^^.^X    ^  ^^^^   him  in  conversation  with  you  at  the  place  called 
Head  Quarters,  but  the  subject  of  the  conversation  I  know  not 


ii 


20 

Sut/,.     1)1,1  ymj,  witnosH,  sen  prisoner  on  Navv  hhiml  a/'lor  ihr 
burning  of  the  steamboat  Caroline  ?  '  "^  ""<>j  u»< 

ylw.v.     No. 
«<^M.     Wiiero  on  Navy  Lsland  .lid  you  say  you    first  saw  priso- 

:::;;:o :;::^'''' --^ ''^'^-"^^ circu.stanLr  in  the ..otij;:!:;.- 

An,  On  the  beach  at  Iho  usual  place  of  landing  on  the  island, 
opposite  Head  Quarters,  and  as  to  peculiar  circumstances  here 
were  none  lliat  I  know  of. 

i-of  wf/h  ^''"*'  ''^  T"7  ^''""^  ?'^  y^"  ^"^  ^"^^^  intoconversa- 
a1  ?["?.""!"'  ""u  '"'^''^  ."""f,"'^^  '''"^•i^^'  °^  ^'^"t  conversation  ? 
^n*.     On   he  b,^ach  opposite  Head  Quarters.     Wiiat  occurred  in 

conversation  I  do  not  recollect.  v^unou  m 

^^^f^uih.     Who  was  in  command  of  Navy  Island  while  prisoner  was 

Ans      General  Van  Rensselaer,  but  he  was  sometimes  absent  and 
then  the  prisoner  commanded. 

Sulh.     Does  witness  know  what  countryman  Gen.  Van  Rensse- 
laer was  ?  or  if  or  not  he  was  a  subject  of  Great  Britain 

the'^Unitec!  SmteT^'"'  '^    ^"^  ^"  American-that  is,  a' citizen  of 

saf  ;H;one'I^le7t  U  ?"  "'  ''""'"''  °"  ^^^^  ^^'^"^  '^^  ^»^^  ^-«  y- 
An*      TI.ere  vvas  one  on  the  western  extremity  of  the  island. 

V„„  R  ^       l"^  '"'l"'"''  ''""'^'  ^^'  ^'«°^n  knowledge,  of  Gen. 

V  a    Rensselaer  being  absent  from  Navy  Island  between  the  21st  and 

Gen  V.JIi  "\  '"''-"".^  '^  '°'  ^'^^^  '^^  ^"'^^  <hat  the  absence  of 
l-jen.  V  an  Rensselaer  was  known  to  the  prisoner  at  the  time—and 
jf  so,  on  what  days  of  the  said  month  of  December,  was  Gen.  Van 
Rensselaer  absent  from  the  island. 

self  stv  tlmr  7ZV^"'''\ ''  "^^  knowledge.  I  heard  prisoner  him- 
selt  say  that  the  General  was  absent.     I  stopped  in  the  quariers  with 

t^nl'r,  ?o-lt'ow. ''•• '■'^  '"^'<'='"  '"'.i-™«l  "- Cour,  until 


ti 


'41 


BBVBNTU  DAY. 


Till'  USD  \  Y,    M  A  UC  II,   'i'i,    I  H9H 


The  (.'ovu'l  lunt  [MirNimul  let  atijuunmRMU.  l*h'.si'ut,  IhoNiimo  iimm  • 
lioiH  lis  y«?sloi<lay. 

Mnihew  lliiyca,  wum  ngain  onllctl. 

iNm/A.  To  wIuU  slion>  i|i(l  |iiisoiu"r  go  iVoin  Nii\ y  IsIaiuJ,  wIkmi 
he  left — \\w  .shorool"  N<'w-Vork  or  ('aiiadiv  f 

Ana.     To  Iho  AumriottH  nhoro. 

iSitth.  Did  you  l(!iirn  (w'twx  \V.  L.  Mackcn/.io  tlmt  l«o  wns  on  lnui 
tonus  or  milVinndly  to  prisoMcr,  at  ami  licl'mt!  |irist)iuM'  WW  Navy 
Island  \ 

Ans.     No  I  did  nol. 

Suth,  Did  yon  lonrn  iVoni  iMusonor  vvliilo  ho  was  on  Navy  I Mlund, 
that  ho  wuvs  unfriendly  to  Ma«'kcn/.iu,  oi"  that  ho  had  any  ditloronco 
with  him  ? 

.'l».s'.     No  I  did  not. 

iS»7/j.  l)oy*)U  know  that  W.  L.  iMaokon/.ic  had  said  lopiisonor 
on  Navy  Ishuul,  that  Ijo,  Mackrn/.io,  wishod  prisonor  to  go  oil"  the 
Island,  or  doar  out  and  It^avo  ihcni,  or  words  lo  ilial  olloiM  \ 

Am.  No,  1  do  Uitl  rooolloclany  thing  o(  iho  kind,  1  never  heard 
it  u)entiono<l. 

i^uth.  llow,  or  iVoni  whom,  or  hy  whom,  wore  the  provisions 
and  stores  used  hy  thepiM-sonson  Navy  Island  procured  or  fiirnislied  I 

Ans.  \  understood  they  were  furnished  hy  Ameriean  eili/.ens. — 
They  were  brought  to  Navy  Island  from  Iho  American  shore.  They 
were  hronghl  holh  hy  Americans  and  Canadians  who  went  from  the 
island  for  tl»em.  Provisions  were  so  hroiighl  (*)  llu;  island,  during 
the  lime  jU"isoner  was  on  the  ishind. 

i<ulh.  What  Canadians  brought  provisions  to  Navy  Ulund  while* 
prisoner  wavS  there  ? 

Am.  Thei-o  was  one  M'Caithy,  and  John  Coromvn,  who  acted 
as  boiUmen.  M'Cariliy  belonged  to  the  people  on  Navy  island,  and 
Coronan  belonged  to  the  Caroline  steamhoa» — he  told  me  so  himself- 


■Its 


Siith.  Vmii  y''Rt<'nlny  Ntnlml  Ihril  ymi  rtid  nol  Inmw  flio  unmon  ..1 
iIm!  iiiTHdiiN  Mf  Niivy  IhIiukI  rxcnjit  two— liow  ilo  voii  iiucoiml,  lor 
lliiN  (liHc,in|inncv  'I 

Au.s.     I  (<(Mil(|  iiol  liniig  lliiim  li>  n'(.M)ll(<('ti(tn  ynHinnhiy. 
Sut/i.     Willi,  iliil  llii)N(>iiii'ii  iiliovdimiiKMl  iufuini  vvjUhihs,  lurnisli- 
»mI  fli(>Nn  |noviHiniiN,  hronght  mm  Navy  InIiukI  t 

Atis.  I  ilii  nut  krirtw  whn  riiniiHiM'd  iIh-hc  pruvif^iunH.  'I'lifmo  rnon 
liilil  nil!  llitil  lliny  liiok  llioni  ill  at  .SuIiIomnoi-. 

tSiifh.  Mof'H  U'itiicHM  Ntiy  li(<  riimr<  (ill  Niivv  hlimd,  not  witli  tlin 
iiitoiitioii,  III-  I'.ir  till)  |)Hi'|KiNo  of  joining  llin  Ibir^-h  tliorn  nt  tlid  tinn', 
iuhI  that  he  was  (l('l/iin»Ml  tlicni  n^aiiiHt  Iijh  will— mid  dooM  lio  tnnau 
III  lt!Ntily  lliiit  lnM-amn  iiimn  Navy  JHlaiid  incrfdy  to  gratify  his  ciiri- 
oHily,  ui-  ijiif  hi'  consider  IhiiimcII' a  |irisoiinr  dutainrMl  iijijaiiiHt  liis  will  'f 
Alls.  I  wont  tlioro  forilif!  imriioHoof  hot  joinifiir  li,,,  ;,M,lv.  (Jnii. 
Snlli(>rlanil  told  mo  not  to  ninko  inyMolf  luifMiHy  as  I  niigl't  hIou  A'itli 
liim  in  his  (inailorN.  I  do  niKaii  M  nay  that  I  wuh  dolr-iriod  tlioro 
against  my  will.  I  do  moan  to  nay  that  I  wont  to  Navy  hi  Mid  moro- 
ly  to  gratify  my  ciiriiiNily.  I  did  ooMNidor  inyNolf  a  prisonor,  not 
iH'ing  allowod  to  roliirn  in  tho  li/mt,  tlioro  hoing  a  guard  on  tlio  hoach 
who  had  ordorsfroni  (i«Mi.  Hiilliorland,  Mr.  (Jorlmnifind  Mackon/ii!, 
to  allow  no  |icr.soi:  In  loavo  llio  iHland  without  tli^y  \mHHVi\  thorn. 

*S'//7/t.  VVIuin  did  witncNH  Inavo  Navy  iHlandi  and  iindor  wimt 
I'ironmHlancos  f 

Am.     I  loft  it  on  tho  4th  of  January,  in  tho  nbsonco  of  Mackfn- 
•/.it),  hy  nhfaiiiiiig  loavo  of  (Joiionil  Van  UnnmNolnor,  on  condition  of 
roiurningllial  t^voning.     Tho  (ionoral  told  mo  logo  to  (Captain  Har- 
per, and  ohliiin  a  piiNM  from  him,  and   hriiig  if.  to  him,  tho  (ionr;ral, 
which  I  did  and  hi'  approved  it. 

t^uth.  Did  wiliii'KH  hold  any  rank,  or  did  ho  o,\orc:i,so  any  oflico 
on  Navy  Island  after  prisoner  loft  tlioro  :  or  was  ho  tlion  and  tlioro 
rankeil  ahovo  a  private  ? 

Aius.  CJoneral  Siiih(>rland  said  that  I  waa  toad  oh  Adjutant,  and 
!  did  so  through  fear;  and  I  continnud  to  act  until  a  friend  of  JUaj, 
V  reeland  auur  to  the  island,  who  was  appointed  to  tho  ollico,  I  be- 
ing displaced,  in  consei|uei)ce  of  not  acting  more  efliciontly. 

<^iil/i.      Did  prisoner  ever  mak(!  any  threat  to  witness  on   Nnvy 
Islantl — if  so,  what  was  it  and  who  was  jni'scint  ? 
Ans.     No. 

Suth.  Is  witnoHsat  this  time  n  prisoner  in  tlii.s  province,  chnrgod 
with  treason,  or  any  other  olli>nco  ngainst  IIim-  Mii|eHty  the  (^uoon 
ol  (neat  IJritain  :  if  so,  has  he  Ikuui  juomised,  or  rloes  ho  <;\|)oct  a 
ropricvo  or  pardon,  or  any  mitigation  of  tin;  iienalties  of  his  ollonco, 
III  oon-^idera(iun  of  lii,-i  fr-.Mtif\  ing  on  this  trial  agamst  prisonijr  ;  or 
has  he  directly  or  iiidirijctly  received  any  iiromise  of  honofit,  orliope 


20 


of 


same 


reward,  for  so  testifying  on  this  trial— or  do  you  exncct  the 


Arts.  I  am  a  prisoner,  hut  do  not  know  on  what  charge.  I  have 
not  been  so  promised,  nor  have  I  been  promised  any  fee  or  reward 
for  so  testifying,  nor  do  I  expect  any. 

Suth.  Has  witness  conversed  with  any  person  engage  1  with  or 
m  the  trial  or  prosecution  of  this  suit  against  prisoner,  in  relation  to 
what  ho  should  testify  to  on  this  trial,  or  in  relation  to  what  ho  knew 
of  the  prisoner  having  been  on  Navy  Island  ;  if  so,  wiih  whom  was 
the  conversation,  and  what  was  the  substance  thereof— or  had  you 
any  conversation  with  any  other  person  besides  the  Judge  Advocate 
on  the  subject  contained  in  this  question  j  if  so,  state  with  whom  and 
the  particulars  of  such  conversation  ? 

Ans.  Yes.  1  had  a  conversation  with  the  Judge  Advocate  ;  he 
said  that  Gen.  Sutherland  was  a  prisoner  and  asked  if  I  knew  him. 
I  said  I  did  know  him  to  have  been  on  Navv  Island  part  of  the  time 
I  was  there.  He  asked  me  if  1  was  satisfied  to  give  evidence  against 
him,  and  I  said  I  was.  Nothing  elsr  passed  as  I  recollect.  1  had 
no  conversation  with  any  one  else  on  the  subject. 

Suth,  Was  it  customary  or  u  '.al  while  prisoner  was  on  Navy 
Island,  to  detain  all  persons  who  came  there,  and  were  those  pre- 
vented from  leaving  without  the  consent  of  Gen.  Van  Rensselaer  ? 

Ans.  Not  in  all  cases.  Those  who  were  on  the  island  were  pre- 
vented from  leaving  it  without  leave  of  Gen.  Van  Rensselaer,  and 
Sutherland,  Mr.  Mackenzie,,  Gorham  and  others. 

Sutk.  Were  other  persons  than  witness  who  cameon  Navy  Island 
from  motives  of  curiosity,  as  they  alleged,  detained  there  while  wit- 
ness was  on  Navy  Island— and  were  any  of  those  persons  so  detain- 
ed, appointed  to  offic€«— if  so,  was  such  a  course  usual  ? 

Ans.  Ye3,  there  was  one  of  them  appointed  to  office,  and  he  is- 
the  only  one  I  know  of.  The  person  so  appointed!  think  was  named 
Rogers.  1  know  that  he  wanted  to  go  back  several  times,  but  was 
prevented  and  threatened  to  be  confined  as  a  prisoner  if  he  attempt- 
ed to  getaway  from  the  Island 

Suth.  Was  Rogers  on  the  island  when  prisoner  was  there,  and 
what  office  did  he  hold,  and  what  countryman  was  he  ? 

Ans.  He  was.  He  was  told  that  he  was  to  act  in  capacity  of 
Sergeant,  and  he  did  act  as  Sergeant,  and  he  was  compelled  to  do 
so.  He  belonged  to  Canada,  the  man  told  me  he  was  fr^m  near 
Chippewa  in  Upper  Canada.  I  have  to  add,  that  I  have  no  knowledge 
myself  of  what  county  he  was  a  native. 

Suth.     You  stated   that   you  were  afraid  to  leave  Navy  Island, 
what  reason  had  you  to  be  afraid. 
iln*     The  orders  on  the  Island  were  !hat  any  person  lea\  iT»g  t/ie 


I 


«7 


island  wiiliout  kavc  wos  to  be  fired  on,  if  they  did  not  rcturp  wlien 
ordered.  " 

«mM.  Has  not  witness  hear<l  prisoner  say,  while  he  was  on  Navy 
Island,  that  he,  the  prisoner,  had  nothing  to  do  with  Mackenzie,  and 
that  he  would  have  nothing  to  do  with  him  t 


Ans 
Suth. 
Island  ? 
Ans. 
Suth. 


I  never  heard  him  gay  so. 
Did  you  ever  apply  to  prisoner  for  leave  to  go  from  Navy 


1  do  not  recollect  that  I  did, 

Bid  Mr.  W.  L.  Mackenzie  exercise  any  military  command 
while  prisoner  was  on  Navy  Island,  or  assume  to  direct  or  command 
any  persons  who  acted  there  as  soldiers,  to  the  knowledge  of  oriso- 
ner,  while  prisoner  was  there  1  ^ 

Ans.  Nothing  further  than  preventing  people  from  leaving  the 
island.  I  recollect  on  one  occasion  that  Mr.  Mackenzie  exercised 
this  authority  when  prisoner  was  present.  I  think  the  prisoner 
must  have  been  close  enough  to  hear,  far  I  was  one  of  those  who 
wished  then  to  leave  the  island. 

Suih.     Does  witness  know  from  what  country  and  from  what  place 
the  muskets,  swords,   rifles,  cannon  and  other  munitions  of  war 
which  he  saw   on  Navy  Island,  or  any  part  of  them,  were  brought 
trorn,  or  by  whom  they  were  brought  there  ;  if  so,  state  ? 

Ans.     I  saw  a  company  come  to  the  island,  about  40  or  more,  of 
Americans  and  Canadians,  who  were  armed   with  muskets,  rifles 
swords  and  pistols.     I  think  those  came  from  Schlosser  on  the  Ameri- 
can shore  to  the  island. 

Court.  Are  you  aware  that  there  was  a  provisional  government 
established  on  the  island,  and  if  so,  who  were  the  members  of  that 
government  1 

Ans.     There  was  a  proclamation  on  the  island  establishing  a  pro- 
visional   government,  and  Mackenzie  was  chairman  of  it,  pro  tem 
1  here  were  more  names  signed,  but  I  do  not  recollect  them.     I  think 
that  Nelson  Gorham  and  Silas  Fletcher  were  of  the  number. 

Court.  Were  the  military  forces  over  which  prisoner  was  seen 
m  command,  acting  under  the  orders  of  that  governmeot  ? 

Ans.     Yes. 

Suth.  What  can  witness  offer  of  that  fact,  that  the  military  on 
the  island  were  acting  under  the  orders  of  a  provisional  government 
while  prisoner  was  there?  ° 

Ans.  I  was  told  by  Mackenzie  that  he  was  the  person  who  was 
the  author  of  the  proclamation  published  and  placed  upon  the  Island 
in  amerint  piaces.  " 

Suth.  You  say  there  was  a  provisional  government,  define  the 
powers  of  that  provisional  government,  and  by  whom  granted,  and 


<i 


2b 


by  wliom  exercised— and  what  nets  can  you  mention.  Wna  the 
handbill  you  spuak  of,  circulated  whilst  priHoncr  wns  there,  on  Navy 
island,  and  what  were  the  oflices  oi'  the  government  and  who  filled 
them  ? 

^  An.s.  I  know  that  they  invaded  a  part  of  the  [)rovincc  of  Upper 
Canada,  and  held  it  against  the  fuitliorities  of  the  British  govor.iment, 
and  had  a  flag  Hying  with  the  word  liberty  on  it,  and  two  stars  :  this 
power  was  granted  by  Mackenzie  and  others  on  the  island.  Of  their 
acts,  I  mention  that  I  know  them  to  lire  on  the  inhabitants  of  Canada 
from  the  island.  The  handbill  or  |)roclamation  was  circulated  wbdc 
the  prisoner  was  there.  Mr.  Mackenzie  was  chairman  of  the  com- 
mittee who  framed  the  proclamation,  but  I  cannot  name  the  other 
olTicers. 

Sulh.  Does  the  witness  know  by  whom  the  flig  he  speaks  of,  was 
put  on  Navy  Island  ? 

Ans.  I  do  not  know,  but  it  was  flying  on  the  island  when  I  camo 
there.  .  . 

Suth.  Docs  witness  know  by  whose  permission,  or  by  what  au- 
thority, Gen.  Van  Rensselaer,  prisoner,  or  any  other  citizen  of  the 
United  States  was  on  Navy  Island  ?  if  so,  state  it.  Can  witness  say 
they  were  or  were  not  on  Navy  Island,  by  the  order  or  permission  of 
the  Government  of  the  state  of  New-York,  or  of  the  United  States,  or 
of  Her  Britannic  Majesty  ? 

Ana.  They  assumed  the  autkorUy  themselves  of  their  own  accord. 
1  do  not  know  that  they  had  any  from  the  state  of  New- York  or  the 
United  States,  nor  have  I  any  reason  to  think  they  had.  I  know 
they  had  no  authority  from  her  Britannic  Majesty. 

^uth.  Has  witness  on  his  direct  examination  stated  all  that  was 
materia  that  prisoner  said  to  the  men  on  Navy  Island,  as  he  was 
about  to  leave  the  island. 

Ans.     I  do  not  recollect  any  more  of  importance. 

Suth.  Was  John  S.  Vreeland  a  citizen  of  the  United  States  to 
to  your  knowledge  ? 

Ans.  I  have  heard  it  said  that  he  was-  but  I  \\\x\  not  snro.  I  should 
think  that  he  was  a  citizen  of  the  United  oidies. 

Suth.  Witness  says  he  saw  Mr.  W.  L.  Mackenzie  on  Navy 
Island,  did  he  ever  see  Mackenzie  wear  any  kind  of  arms,  at  the 
time  he  says  he  saw  prisoner  on  the  island  ? 

Ans.     I  saw  him  carry  pistols  in  his  breast  during  that  time. 

Suth.  Witness,  at  the  first  conversation  you  held  with  prisoner 
0 -;  Navy  Island,  did  you  or  not  tell  him  Mr.'W.  L.  Mackenzie  was 
your  particular  friend,  or  friend,  and  tha<^  you  had  come  to  Navy 
Island  to  see  him,  and  that  he  h 
island  ? 


persua*: 


29 


F  'iid  not  tell  him  so.     I  do  not  recolloct  any  Uung  of  the 


A  ns. 
kind. 

6'w^/t.     VV^itness,  were  you  an  inhabitant  of  the  state  of  New-York 
for  some  months  previous  to  your  going  upon  Navy  Island  :  if  so 
state  how  many  months,  and  whore  you  resided  hi  said  state  / 

th^lrm.   /  'T  '"  ,^^^t"^^^'-  part  of  the  time,  and  in  Bufliilo  part  of 
the  l.me,  trading,  but  I  was  not  a  resident  inhabitant  of  that  state. 

^ufh.     VV  itness,  have  you  before  testilied  or  been  examined  con- 
cerning your  having  been  on  Navy  Island,  and  about  what  transpired 

tesTfiid  t'^  ^""  '^'".  Y'^y  or  state  concerning  the  same  mattersTw 
testified  to,  ns  you  before  testified  ? 

Ans.     I    camoof  nriyown   accord  to   Waterloo  opposite  Black 

staV^Mh  7f  ''^' r  '^'\^^  ^t "^'  ^^'^y  ^hat  my  business  was 
1  stated  tha      came  from  Navy  Island,  and  shewed  my  pass  from 
thence.     I  told  him  all  I  knew  of  Navy  Island.     I  was  then  sent  t^ 
Chippewa  where  J  saw  Col.  MacNab,  in'the  evening,  w'thaomrother 
0  hcers,  and  I  slated  to  him  the  same  I  did  to  Col.^irby,  arneVrfy 
as  I  could  recollect.     Col.  MacNab  then  desired  me  to   call  on  him 
again  the  next  morning.     I  called  on  him  the  next  day  which  wa^ 
the  fourteenth  orfifteenthof  January,  and  a  magistrate  wLent  For 
befere  whom  I  made  a  statement  like  what  I  mldo  the   day  before 
s'tfa'nci^        '"""'''     ^'''  made  before  this  Court,  the^same  in 

«Ma     Did   you  tell   prisoner  on  Navy  Island  that  Mr.  W  L 

l^'h'"r!i  /"^  assisted  you  in  getting  some  office  in  Toronto-and 
that  he  had  done  you  other  favors  ? 

Ans.     No.     I  did  not. 

Suth.  Where  were  you,  witness,  and  what  were  you  enffaced 
about  from  the  fourth  of  January,  when  you  say  you  oUained^vw 

TateXo t"^'"''  '"'  '''  ^'"'^^"^''  "^'"  y^'-y  you  crossed'o 
Ans.     After  I  left  the  island,  I  discovered   that  I  left  a  coat  of 

rTcTverlt'  I  "^  ^^^^"'  "^'^^'.^"^  ^^  ^^^^  ^^^^  at  ScWor  ^o 
ZT7  \u  ^  f  ^'^^^^rds  went  to  Buffalo  and  crossed  at  Waterloo  on 
Saturday  the  thirteenth  of  January. 

proJc^Shete.""''  '''"  ''^"'^"^'^  *'^^^"^*  ^^^^  ^^  ^'^''^'^^ 

CoIi"tf''"Tu-°^'"^-.''^i^'^  "P°"  *°^  his  defence,  prayed  ef  the 
Court  to  grant  him  until  Thursday  next,  the  twent^-nin.h  instant. 


30 


And  tie  Court 


10  send  for  his  witnessess  and  to  prepare  his  defence, 
granted  the  same  accordingly. 

The  Court  was  then  adjourned  by  the  President,  until  1  hursday 
next,  the  twenty-ninth  instant,  at  ten  o'clock,  A.  M. 


DEFENCE 

OF 

GENERAL  TH.  J.  SUTHERLAND. 


Mr.  President  and  Gentlemen, 

Having  been  arraigned  before  you,  who  are  represented 
to  me  as  a  Militia  General  Court  Martial  of  the  Province  of  Upper 
Canada,  on  a  "  charge"  prefered  against  me  as  a  citizen  of  the  Uni- 
ted States  of  America,  I  now  enter  upon  my  defence.  A  copy  of 
the  **  charge"  delivered  me  by  you  is  in  these  words,  to  wit.  "  That 
Thomas  Jefferson  Sutherland,  being  a  citizen  of  the  United  States 
of  America,  (the  said  United  States  of  America,  being  at  Peace  with 
the  United  Kingdom  of  Great  Britain  and  Ireland,)  and  having 
joined  himself,  on  or  about  the  26th  day  of  December  last,  at  Navy 
Island,  in  thejDistrict  of  Niagara,  in  the  Province  of  Upper  Canada  to 
William  Lyon  McKenzie,  and  others,  unknown  subjects  of  oux  Sov- 
ereign Lady  the  Queen,  who  were  then  and  there  '-aitorously  m 
arms  against  Her  Majesty  after  the  twelfth  day  of  January  last, 
within  the  limits  of  the  province,  aforesaid,  was  inarms  against  Her 
Majesty,  against  the  form  of  the  statute  in  such  case  made  and  pro- 
vided." "A  true  copy"  signed  "James  Fitz  Gibbon,  Judge  Ad- 
vocate." ,     ^  '  ... 

A  paper  purporting  to  be  a  copy  of  the  Law  under  which  you  m- 
form  me  I  am  here  arraigned  has  also  been  put  into  my  hands  by 
you.  It  is  entitled  "An  Act  to  protect  the  inhabitants  of  the  Pro 
vince  against  lawless  aggressions  from  the  subjects  of  foreign  coun- 
tries  at  Peace  with  Her  Majesty.''  Ihe  first  section  of  this  --  act 
under  which  I  am  now  put  upon  trial,  is  in  the  words  following— to 
wit—"  Whereas  a  number  of  persons  lately  inhabiting  the  State  ot 
New- York,  or  some  one  of  the  other  United  States  of  America,  have 


n 


wih.n  he  said  State  of  New- York  lately  enlisted  or  en^^ed  them- 
selves  o  serve  as  soldiers,  or  have  procured  others  toeniS  oren^a^ 

S^rYoTk  ''colloid"'  -Idiers-and  hav.  wit-:n  the  said  statf  "of 
iNcw  York,    collected  artillery,  arms  and  ammunition,  and  made 
other  preparations  for  a  hostile  invasion  of  this  Province,  undeTthe 
pretext  of  assisting  certain  traitors  who  have  fled  from  th^  Province 
to  the  said  United  States.     And  whereas  the  saidX  ons   ^iS 
the  authority  of  their  Government,  and  in  defiancrof  i^^xfr^ss 
injunctions,  have  actually  invaded  this  Province,  contrary  "o^The 
aith  and  obligation  of  the  treaties  subsisting  between  the  Uni  ed 
Kingdom  of  Great  Britain  and  Ireland  and  the  said  Uni'ed  States  a ^d 
during  the  continuance  of  the  relations  of  amity  and  peace  be  ^een 
the  two  countries:     And  whereas,  it  is  necessary  forrotLtinHhe 
peace  and  security  of  this  Province,  to  provide  for  the^promp?  P^n! 
ishment  o    persons  so  offending  :     Be^-t  enacted  by  the  Queen's 
Most  Excellent  Majesty,  by  and  with  the  advice  and  consent  of  the 
Legislature,  Council  and  Assembly  of  the  Province  of  TWr  P«n 
a  a,  constituted  and  assembled  by  v^irtue  of  and  unde/  tKu  horir; 
ot  an  »  Act-  passed  in  the  Parliament  ^f  Great  Britain,  enliS'  an 
Act  to  repeal  certain  parts  of  an  -  Act  passed  in  the  fourSh  year 
of  His  Majesty's  reign,  entitled  -  an  Act  for  making  more  effectual 

America  ,  and  to  make  further  provisions  for  the  Government  of  the 
aid  Province,;  and  by  the  authority  of  the  same-ThatTf  anv  per! 
son  being  a  citizen  or  subject  of  any  foreign  state  or  countrv  «» 
peace  with  the  United  Kingdom  of  Great  Britain  andLlanSlv 
ing  joined  himself  before  or  after  the  passing  of  this  "0  any 

WHO  aie,or  hereafter  may  be  traitorously   in  arms  against  Her 
Majesty,  Her  Heirs  or  Successors,  shall  after  the  passing  of  this 

esso^  witZ  Zpr^"^^^""^^  Her  Majesty,  He?Heirfor  Sue 
cessors,  within  this  Province,  or  commit  any  act  of  hostility  therein 
-then  It  shall  and  may  be   lawful  for  the  Governor  of  thsPrc^ 

for'th  'trif  o'f '''  r""'""^  °'  ^  ""''^''^  ^-^-J  C^ur    Mart  :^ 

or  the  trial  of  such  person  agreeably  to  the  Militia  laws  of  this 

Province,  and  upo.  being  found  guilty  by  such  Court  Mar^L  of  of! 

S  sufffrTat"h '  o  "  ^r'  T  P^^^^"  ^"^^^  ^^  sentenced  by  said  court 
ihe court."  '''^^"  punishment  as  shall  be  awarded  by 

do.Th ''  ''tV«/'\  "r^i/"^~its  penalties  severe  extending  even  to 
•t  iio""  !?n'        '"     ''f''  °"  every  ground  the  appIicatL  of  it. 
C    u       aI      ,K^'"^^'"e^  ^o  me,  IS  due  to  myself—and  will   I  trust 
be  al  owed  by  this  court,  who  will  not  ascribJthe  course!  am  abou 
to  take  in  my  defence,  to  any  desire  of  making  captious  or  fdvolous 


I 


■H 


objoctions  to  weary  your  patience,  but  to  the  11  rm  conviction  which  I 
entertain,  and  now  declare  to  you,  that  neither  by  the  law  of  this 
land,  nor  by  the  law  of  nations^  can  nny  life  or  liberty  be  jeopard- 
ized by  the  course  of  proceedings  instituted  against  me  here. 

When  1  was  brought  before  you  on  the  19th  instant,  several  pre- 
liminary objections  were  taken  b  me  to  your  proceedings,  all  of 
which  were  overruled,  and  only  two,  (contrary  to  the  usual  and  es- 
tablished practice  of  Courts  Martial,)  ^vere  even  permitted  to  be 
entered  by  the  Judge  Advocate  in  the  minutes  of  your  proceedings. 
You  will  therefore,  now  allow  me  again  to  call  your  attention  Lo 
those  objections  as  well  as  to  some  others,  which  I  was  prevented 
from  stating  formally,  by  the  court  on  a  suggestion  from  the  Judge 
Advocate  that  they  were  untimely,  and  might  be  properly  urged  when 
1  entered  on  my  defence. 

After  having  objected  to  the  formation  of  the  court,  and  the  con- 
stitutionality of  the  act  under  which,  I  was  told,  it  was  formed,  I  pre- 
sented to  your  consideration  the  following  objections,  as  you  will 
recollect. 

1.  That  one  half  of  the,  members  constituting  the  Court  had 
never  been  on  a  previous  Court  Martial. 

2.  That  the  President  of  the  court  had  not  so  previously  sat. 

3.  That  one  of  the  members  of  the  court.  Major  Dewson,  was, 
at  the  time,  an  officer  in  the  regular  army  of  Her  Majesty,  under 
full  pay,  and  therefore  not  eligible. 

As  to  the  first  of  these  objections  I  would  remark  that  the  Militia 
laws  of  this  Province  are  silent  on  the  subject — but  in  the  absence  of 
statutary  provisions  on  that  head,  the  usual  course,  which  is  in  sup- 
port of  the  objections  made,  in  my  opinion,  ought  to  be  required.— 
The  practice  of  Courts  Martial,  the  articles  of  war,  and  the  meeting 
act,  are  and  ought  to  be  the  guide  in  the  absence  of  any  particular 
Statutary  enactment,  and  such  has  been  recognized  by  this  court  in 
its  order  of  arrangement,  mode  of  taking  votes  on  all  questions,  in 
preventing  counsel  addressing  the  Court,  and  doubtless  intended  to 
be  pursued  in  the  conducting  of  the  cause,  although  on  this  latter 
head,  there  have  been  points  of  departure,  materially  affecting  me 
in  this  case,>  which  I  shall,  at  the  proper  time,  endeavour  to  show. 

When  the  second  objection  was  raised,  which  was  to  the  Presi- 
dent of  this  Court,  it  was  not  intended  ay  captious,  it  was  made  under 
the  full  impression  that  he  had  never  acted  on  a  previous  court  of 
kind,  and  therefore  not  the  best  qualified  for  the  discharge  of  so  im- 
portant and  responsible  a  situation  ;  my  objection  was  overruled, 
and  so  it  was  in  the  case  of  Gen.  Belford,  on  Lord  George  Sack- 
vilb's  trial— and  he,  as  it  is  observed  in  Adye  on  Courts  Martial, 


m 


folio  117  with 


icty  declined 


w        .     .       ^    ing  as  a  member.*     The 

tliird  of  these  objections,  the  only  one  entered  on  your  minutes  by 
the  Judge  Advocate  was  over-ruled  as  well  as  the  two  preceeding. 

By  the  only  provincial  law  as  I  conceive  applicable  to  this  case 
(49,  Gee.  3d  C.  1— Sec.  23)  it  is  provided  "That  no  officer  serving 
in  any  of  His  Majesty's  other  forces  shall  sit  in  any  Court  Martial," 
&o.  and  the  same  section  adds,  "  upon  the  trial  of  any  officer  or 
private  man  servingin  the  Militia,"  Evidently  proving  that  no  others 
than  subjects  were  deemed  amenable  to  such' a  court. 

If  there  wore  any  doubts  that  others,  than  subjects,  were  meant  to 
be  made  tnus  liable  to  such  a  court,  the  first  clause  of  said  section 
would  remove  it,  for  constituting  the  court,  it  provides  that  "  The 
Governor  &c.  upon  complaint  and  application  to  him  m.ade,  througli 
the  Colonel  or  officer  commanding  the  body  of  Militia  to  which  the 
party  accused  may  belong,  shall  issue  his  order  to  the  said  com- 
mandmg  officer  to  assemble  a  General  Court  Martial,"  &c. 

After  having  been  over-ruled  by  you  in  all  my  objections,  I  pro- 
ceeded to  urge  several  pleas  in  Bar  (which  1  was  sustained  in,  by 
acknowledged  authorities.  See  Tytler  page  243)  to  the  further 
prosecution  of  this  trial,  which  pleas  the  Court  then  refused  to  re- 
ceive at  the  same  time  informing  me  that,  if  the  pleas  were  available, 
they  might  be  urged  on  my  defence,  as  well  as  any  further  objections 
I^ehose  to  raise  to  these  proceedings.  I  therefore  pleaded  "  not 
Guilty"  to  the  charge. 

The  Court  will  then  allow  mo  in  as  brief  a  manner  as  possible, 
to  bring  forward  such  other  and  further  pleas  and  o"  jections  as  I 
may  have  to  urge,  the  substance  of  some  of  which  I  may  remark,  I 
had  suggested  to  you  before  my  plea  of  "  not  Guilty"  was  recorded. 
I  now  respectfully  urge  and  insist  that  this  court  composed  as  it 
is  of  only  nine  members,  does  not  consist  of  the  member  of  officers 
required  by  the  laws  of  this  Province  under  which  its  Constitution 
can  alone  be  recognized. 

The  .rst  part  of  Sec.  23.  C.  1—48  Geo.  iii,  declares  -Mhat  the 
Court  Martial  shall  consist  of  a  President  who  shall  be  a  field  officer, 
and  twelve  other  commissioned  officers  of  the  Militia." 

It  is  conceded  that  by  an  act  of  this  Province  passed  in  the  first 
year  of  Her  present  Majesty's  reign,  it  is  provided  by  the  32d  Sec. 

*  By  the  common  law  of  England,  though  jurors  may  be  challenged,  the 
judges  or  justices  cannot ;  but  in  the  courts  where  the  proceedings  are  car- 
ried on,  according  to  the  civil  and  canon  laws,  the  judges,  who,  hke  the  mem- 
bers of  courts  martial,  are  also  judges  of  facts,  may  be  challenged.  And  they 
commonly,  of  their  own  accord,  decline  sitting  as  judges  in  a  cause  wher^ 
Ihey  may  be  supposed  to  be  under  the  least  bias  or  partiality  to  one  side  or  the 
other.— 1  Coke's  Inst.  fol.  294-677. 

5 


at 


fhrn-of,  '•  that  llin  Court  Miirliiil  simll  consist  uf  a  rrcsidfiil  wlir 
■Imii  bo  a  lii'Iil  oHicor,  nini  not  Ipbs  thnn  right  ntlirr  conunissionnd 
officorn  of  tlio  Mililiiv."  Hnt  tins  law  was  not  in  I'xiHti'iu-n  when 
thin  highly  |H3nnl,  and  as  I  titncrivo  unconstiliilioiial  "  Act"'  nmltr 
which  I  an>  hero  Iwing  tried  was  paasrul.  Thift  »'  Ad''  now  t\rH. 
cribcd  and  known  as  the  "Militia  I^aw  oC  this  I'rovinro"  only  hc- 
canio  a  law  on  iho  nixlh  day  of  IMarcli  last,  past  two  days  alter  I  be- 
canjo  a  prisoner.  To  fry  na-  inuItT  this  law,  lor  an  allrd^n-d  olli-nee, 
charged  to  have  been  «'.oniinitl(Ml,  long  before  llie  |)a.ssage  ol'  llm  law, 
wonid  be,  aa  I  conceive,  giving  it  a  retrospeelivt!  elleel,  lor  which 
no  precedent  can  bo  (bund  in  Hrilinh  Legislatii.n,  or  Hrilisb  Juris- 
prndonco,  and  tlireelly  in  eontravenlion  of  Ihe  provisions  and  inlon- 
tionsorihe  conHtitnled  charier  of  the  liberli(^s  o!'  iIk)  People — and  fo 
ine  nKmlinjaHt.  It  is  enacted  by  aMtn-o.  iii.C.  IM,  That  tho  Cl.rk 
of  Pavliajnenl  shall  indorse  on  every  AtM  the  time  it  receives  the  Hoyal 
assent,  which  endorsement  shall  be  taken  to  be  a  part  of  lb(>  Act — 
and  to  he  the  date  ol'its  comnuMu;enuMit  where  no  other  is  provided, 
Cited  t»   Mac.  'M\. 

ll  is  in  the  general  true,  thai  no  ntatute  is  lo  have  a  retrospect  be- 
yond the  time  of  its  connnencenKm;  ;  lor  tin-  rule  and  law  ol'  Parlia- 
ment is  that,  "  nova  ct)nsiitutis  i'utn  ris  tbronani  del'et  emponeii  iion 
pvaclorites" — a  new  law  ought  to  |)Iaoe  its  mandate  (on«'bt  to  be  in- 
forccil)  for  the  lutnro — to  me(>t  future  coMlmgencies  or  events — not 
thoao  that  are  pa*!'  Hoc.  '2— -Mod.  H.  MIO,  (Jilmore  vs.  the  lOxr.  of 
{Shorter. 

This  case  arose  upon  a  promis*^  made  betbre  Ihr  'Jltb  of  Jime  1(577, 
an  action  was  brought  against  the  ivxeciitors  -  and  the  ipicstion  was 
whether  the  pronnse,  it  not  being  \\\  writing,  was  within  'J!Hh,  ('.  ii, 
C.  iii,  whereby  it  is  enactoti  that  from  and  al'liM-  the  'ilth  of  .lune 
1077,  no  action  .shall  lKU)rought  vVc,  (in  certain  cases  tin  rein  men- 
tioned,) unless  in  writing  signed.  The  court  said  it  cannot  b(>  pre- 
sented that  the  st!itut(Mvas  to  hav(>  a  n>trospect,  so  as  to  talo^  away 
a  right  of  action  which  the  rill*  was  entitled  to,  before  the  time  of  its 
commencement,  cited  in  Mac.  0,  Vol.  :nO. 

So  in  my  case,  on  the  lib  of  i\I;irch  I  was  captured,  ami  am  now 
nndergv>ing  trial  upon  a  charge  und(<r  the  Statute  «>ftht<  Ivlth  of  .Ian- 
nary  preceding.  1  was  then  entiilctl  to  a  court  oi'  t/iir(r<>uiinii/>n-s, 
corresponding  \o  the  twelve  .lurors  of  the  civil  law,  instead  of  this 
court  consisting  of  but»/;if  memhcrii,  organi/.(Ml  undir  a  law  not  in 
existence  when  the  otV<M(ce  is  alh^ged  to  have  been  eontmittiMl,  but 
pa.ssod  subsequent  tlu^reto— namely,  on  the  sixth  of  March,  two  days 
ai^or  my  capture. 

1  also,  now  resnoclfullv  unr«'  and  insist  that  tlu>  ♦♦rhfirtn^  i»rofor''<l 
against  nic,  and  on  which  1   am  i»ow  being  tried,  is  insutlicient  and 


.15 

■Icf.'.Mivf.  nii.l  not  in  (iccordftiK  M  with  flio  Inftor,  spirit,  or  moaning 
of  flic  ••  Act"  imhIih-  whifh,  yoii  infonnnd  mo,  I  nm  now  nrraignocf 
Tlip  lirsiRrctinnor  thn  ♦'Act''  of  your    Provinciril    Lngislaiure, 
imsKcl  I'itli.fnniinry,  A.  I).  IHMH,  ngniiiNt  the  provifiions  of  which  I 
hnvo  filn-mly  ivcitcd— dcclMrnH  iti  .suhNtnncn  "  thntil*  any  pprson  be- 
ing n  cili/on  or  niil»i((f  of  any  lorcigri  Ntnlo  or  country  who  mfty 
liavo  at  any  tiiiu.  joined  hinisr-lf  to  any  of  the  Nid))nctsor  Hrr  Mnjnsty 
thn  (iiKM-n  .d(Jrcat  llritam,  iVc.   which  mnhjc-ctH  woro  on  the   12th 
day  olMnniiary  Ihmh,  or  at  any  lirno  thfirrnlter,  (with  such  (oroign- 
(M-n)  IrailoiMiisly  in  arms  afr„i/iHt  I  lor    Majesty,  shall,  after  the  said 
lyihdayol  January  IHIH,  ho,  (.r  <(»nlitme  in  arms  against  Her  Mn- 
joNty,  within  Ihe  j'rovincoof  Upper  Canada— or  commit  nny  net  of 
hostility  fhen-in,  alter  the  said   I'^th   dny  of  January  1H.M8,  then  it 
shall  and  may  he  lawful  for  the  ( lovernor  of  this  Trovinco  to  or«ler 
Ihe  asscmhiing  of  a  Militia  (ieneral  Court  Martial   for   tho  trial  of 
siic.h  persons  agrceahly  t(.  the  Mililia  f.aws  of  this  Province"  vVc. 
N(.w  it  wdl  Ik'  ol.sc-rved  hy  the  express  tnrms  of  the  proviBicms  of  this 
Acl—tlH^  |)erson  who  is  eharg(;d  wit'-i  having  oflendnd   ngainst  the 
piv. visions  of  this  act,  is  to  Ik;  trir-d  hy  the  then  cxislir^  Militia  f.nwd 
ol  this  Province— and  the  charg(!  is  did'ective  in  as  much  as  it  is  not 
all.'ged  llKM-ein,  that  on  or  after  the  Pith  day  of  .Innuary  1HM8,  (tho 


I 


iHissnge  of  tho  act,)  I  was  innrins  with  any  of  the  suhjocts  of  Her 
Majesty  within  this  province,  »♦  or  commiftod  any  act  of  hostility 
tlwM-ein'' as   re<piired  hy   the  provisions  of  tho  "act"  under  which 


this  charges  professes  to  have  heen  framed.  'J'o  suhjcct  mo  to  tho 
penalties  of  this  highly  penal  slati'tc  which  must  ho  rigidly  construed 
—as  It  is  provided  "that  all  pr-ual  statutes  must  he  strictly  con- 
stru(Ml,"(s,«(,  I4th  (i(M).  ii,  C.«,  cited  in  Plackstones  Corn.  1  vol.  88, 
in  e..nlirmati<m  of  this  rule;  of  l/aw,)  it  should  have  been  spocifiod 
•'that  after  tho  ivith  ({ay  of  .Innuary  last  I  was  in  arms  with  such 
traitorous  suhjects  in  this  Provinc(>"  tVc,  which  is  not  dono.  I  also 
respectfully  ohj,.,;!  that  the  ♦'charge!"  is  not  siifllciently  specific  in  as 
nuich  MS  it  omits  time  or  place,  which  are  material  omissions,  seo 
foho  'ill  and  '215  Tytler  on  Martial  Iwiw. 

The  tirst  section  of  tho  "act"  passed  Pith  January,  now  under 
consid(>ration,  was  intended  to  punish  (if  tho  I.ogislaniro  of  this  Pro- 
vince had  a  right  to  pass  such  a  law)  certain  foreigners  who  after 
tho  passing  of  that  act,  were  in  arms  within  this  Province  with  trai- 
tm-ous  suhjects  of  Her  Majesty.  The  preamble  of  this  act  proves 
what  fonugners  were  meant  and  intendcid  hy  the  "act,"  as  foroign- 
ors  from  the  Stale  of  N(;w-Yorlc  invading' this  Province  from  tho 
State  of  New-York — not  intending  to  provide  for  such  as  might  in- 
Viulr  from  Aiiiliiuiia  or  Kentucky.  Invasion  from  New-York  only 
was  in  contomjilation  at  tho  passing  of  the  "act,"  it  is  notorioug 


Ihl 

ill 


3d 


I 


that  there  was  no  hostile  assemblage  of  men  from  one  extreme  of 
Upper  Canada  lo  the  other — except  at  JN'avy  IslanJ,  u  point  conter- 
minous upon  the  State  of  New-York,  (a  party  at  Bois  I^lanc  having 
been  previously  dispersed)  in  that  direction,  (Navy  Island)  was  iho 
mischief,  and  to  meet  it  was  tiie  object  of  this  act  ;  now,  when  1  was 
arrested  I  was  peaceably  and  quietly  crossing  from  Michigan  to  the 
State  of  Ohio — nut  coming  from  the  Slate  of  New-York  to  Upper 
Canada,  as  the  law  contemj)lated  -the  cause  which  moved  the  Le- 
gislature to  enact  a  law,  is  always  to  betaken  into  consideration — 
(see  Black.  Com.  1,  vol.  61,)  and  I  refer  to  the  same  authority  when 
I  deny  that  the  statute  intended  to  provide  for  any  other  case,  than 
one,  where  the  foreigners  were  in  arms  in  hostile  array  joined  to 
and  combined  with  otliers,  being  traitorous  subjects  of  Her  Majesty, 
as  citizens  of  the  United  States,  who  owe  no  allegiance  to  the  Gov- 
ernmeniof  Great  Britain  or  obedience  to  her  laws,  could  not  be  of 
themselves  disconnected  with  Her  Majesty's  Subjects,  traitorously  in 
arms  against  Her  Majesty,  as  expressed  by  the  act ;  and  1  challenge 
any  ordinance  to  shew  such  a  case  as  will  bring  me  within  the  spirit 
or  meaning  of  the  law.  I  have  already  before  urged  that  I  am  not 
within  its  letter.  If  these  objections  therefore,  must  be  conceded  to 
be  good,  then  the  whole  prosecution  thereby  falls  to  the  ground. 

1  come  now  to  the  consideration  of  an  objec\ion  to  those  proceed- 
ings against  me,  of  the  greatest  magnitude — involving  questions  of 
the  deepest  concern,  not  merely  to  the  subjects  of  Her  Majesty — but 
afiecting  the  rights,  liberties,  and  lives,  of'citizens  of  free  and  inde- 
pendent states. 

That  this  "  act"  of  the  provincial  Parliament  of  this  Province  of 
of  the  12th  of  January,  is  unconstitutional,  and  not  authorised  or 
founded  on  any  delegated  authority  of  the  parent  state  to  constitute 
it  a  law,  1  do  most  respectfully  protest,  urge  and  insist  ;  and  if  I 
occupy  some  length  of  time  in  "the  consideration  of  this  plea,  I  trust 
Its  importance  to  me,  as  well  as  others  similarly  situated,  will  be  a 
sufficient  apology.  Allow  me  to  ask  can  it  be  otherwise  conceded, 
that  an  "  act  or  law  afiecting  the  rights  of  foreigners  can  only  ema- 
nate from  the  parent  state  ;  if  even  from  such  sovereign  state  it  may, 
1  contend  that  a  case  like  mine  with  all  the  charges  intended  to  have 
alleged,  fully  and  sufficiently  proved,  which  however  I  do  most  posi- 
tively deny  having  been  so  done — is  only  for  negotiation  between 
Great  Britain  and  the  United  States  of  America,  of  which  I  am  recog- 
nised to  be  a  citizen. 

If  the  province  of  Upper  Canada  has  a  right  to  enact  or  create 
such  a  law  as  this  "  act"  of  the  12th  of  January,  under  which  you 
now  profess  to  try  me — so  has  all  or  any  of  Her  Majesty's  forty  colo- 
nies equal  privileges  ;  the  exercise  of  such  privileges  it  is  however 


37 

tutional  actor  tlurcob,  v    T     r   '^  "ff^'^''^  ^^ /"^' that  the  con.ti. 

o  pjuviut-o      uitit  It  snail  at  al     imcs  he    rt-c  tn  fT;«  M..;,.,,*    ? 

.he  most  ccnmon  ,|oali„gs  of  mankind  an  answer  wiH  be  foind 

ces  .hereof,  as  .be  inhabitants  w[.Wn  the  realm  selrH"''"?" 
vol.  2,  page  353,  cited  in  Clark's  coloniaT  "v'  ?ol  47  I?'''''' 
restric  ion  imnosod  liv  thn  r^„^        ?  •    .    '         ^'-     ^*  's  a 

that  the  lawsTade  in  .  o  colonv  Z  I  ^1"""'™  "'"'  '"^""'i""^- 
of  Enshn,!      Ti,  .    ^'""7  ^"'>'l  ™t  bo  repugnant  to  the  laws 

IV    ''S'""i,.  Vr"  '■'=?  "'="0"  "^  enlbreed  by  stitule  3  and  4!  Wm 

case  of  Lower  cfa"::  estaVl'-  h^'^ri^!^:;"',  V'^c  fo  ^Z  *^ 

beenass'^|r,t^iCirr;e7t"'p::!„~^^^^^ 

bTt =f  retrt'rr" "''-  '^^"  """"^^'' '°  ha^vre^:!:,^-', 

w,>h  K„      """S"!  "»  "'  'reaiie»  should  not  be  touched  or  interfered 
with  by  so  subordinate  a  power  as  the  legislature  of  thL  province 


38 


To  prrvcrit  iho  {■ossibility  of  this  colony  having  the  means  of  iri- 
voUingor  jeopardisi.ig  the  interests  of  the  supreme  state  by  the  31st 
section  of  llio  .same  act,  it  is  declared  that  whenever  any  bill,  &c. 
shall  have  been  assented  to  in  Tlis  IMaj(;sty's  name  by  the  Governor, 
&c.  it  shall  be  lawful  for  His  Majesty,  within  two  years  after  such 
bdl  shall  have  been  received  by  one  of  the  principal  secretaries  of 
state,  to  declare  his  disallowance  of  such  bill.  Then  can  it  be  con- 
ceived for  a  moment  that  a  i'rovincial  jiill  affecting  the  lives  of 
toreigucrs,  and  in  deliance  of  solemn  treaties,  would  be  allowed  to 
become  a  law.  in  fact  it  may  bo  at  this  very  time  disallowed,  yet 
if  this  court  should  pass  sentence  against  me  under  it,  and  I  suffer 
its  penalties,  where  is  my  redress  '? 

in  addition  to  the  objections  already  taken,  I  would  further  respect- 
fully urge  and  insist,  that  neither  the  militia  act  of  Geo.  III.  c.  48, 
or  the  "act"  parsed  the  6!h  of  March,  have  or  had  in  contempla- 
tion the  trial  of  any  others  than  militia  men  or  oflicers  of  the  militia 
of  this  province.  The  oath  required  in  each  of  these  "  acts"  to  be 
administered  by  the  Judge  Advocate,  and  which  was  administered 
by  the  Judge  Advocate  to  each  member  of  this  Court  Martial,  is  in 
the  following  words  :  "  You  A.  B.  do  swear  that  you  will  administer 
justice  to  the  best  of  your  understanding  in  the  matter  now  before 
you,  according  to  the  evidence  and  the  militia  laws  now  in  force  in 
this  province,  without  partiality,  favor  or  afFection,"  &c.  What 
sections  of  either  of  those  militia  laws,  have  I  infringed  or  became 
liable  to  trial  under — can  the  acJt  (passed  Jan.  12,  1838,)  under  which 
I  am  now  being  tried,  be  called  a  militia  law  ?  I  read  at  the  head 
of  the  paper,  jjurpoiting  to  be  a  copy,  lurnishcd  me — that  it  is  "An 
act  to  protect  the  inhr.bitants  of  tliis  province  against  lawless  aggres- 
sions i'rom  the  subjects  of  foreign  countries  at  peace  with  Her 
Majesty."  The  title  given  it,  without  looking  into  the  body  of  the 
"  act"'  proves  the  contrary  ;  then  can  the  oath  you  have  taken  be  at 
all  binding  '?  Not  in  the  least,  lor  justice  in  Courts — as  it  has  been 
remarked  by  Chan.  Eldon,  a  very  learned  and  able  English  jurist, 
is  not  the  mere  sec  vole  of  a  Judge  or  tribunal,  but  right,  measured 
by  the  law,  and  you  have  no  such  law  as  mentioned  in  the  oath  you 
have  taken,  by  which  to  judge  me  or  my  acts. 

A  public  statute  rcfjuires  no  proof,  St;) vkie's  evidence,  1  vol.  163. 
It  is  defined  to  be  one,  when  it  affects  all  iho  kings  subjects.  Am  I 
not  a  foreigner — and  as  this  act  we  are  considering  aflects  me,  ano 
not  Her  JMajesty's  subjects,  must  it  not  be  looked  upon  as  a  private 
act  1  It  is  not  declared  a  "  public  act"  even  if  such  declaration 
could  make  it  one.  Then  to  have  commencec'  the  proof  in  this 
matter  lega,i.y,  a  properly  authenticated  copy  (upon  oath)  of  said 
act  of  he  12th  of  Jan.,  should  have  been  produced  to  this  court  as 


s:) 


!he  first  .step.     ii,u  Ihishas  not  boon  ,l„no,  ru„I  wliat  cvicbncr  I,v„ 

violent.  Among  otl.ori.  ll,o  presu„,|,iio„  ii,„t  ovcrv  on  ,.1.^^^ 
citizon  or  subject  knows  tho  i,i  v.howovor  i^no-nn M  '  ^  " 
his  resi,Ienoe  fro.  ,bc  l.w  n^aldng  ,,lac;VL".:  ,t,  Si^u.^rnt 
VRbml  boniga  subJL-ct  of  tho  count  v.  novo,-  c-^vo  n  v  £  r 
reproscntativo  who  may  have  assi..,od  in  n  akiS  the  CJ^S 
from    bis  poverty,  or  other  reason,  ha,l  no  vole    t,   ri  o     ."     ,■' 

.  on    however  violent  in   ,h°e  above  ca^o  and  a  iparen"'    uni'.TsT™'"" 
It,  I  urge,  bectencJed  to  the  citizen  of  a  foS  cnumr?  I  '  "','" 

aiiigiri": j'"^='^"^'' "' '»" i' '"  p---dfhat™,e';  o'  o   '; 

act,     and  must  bo  proved  in  the  usual  n^nner,  by  the  nroduclion  of 
a  propcrlj-  authentical    1  copy.  ^         l^ioJucUon  oi 

I  w  I    ho  ;      ^    ^'       ^  '  ^"f.'^^^^'"  Clark',  colonial  luw,folio    01 

J.  Macau  ly  m  n  inut.es  of  proceedings  of  this  Court. 

1  might  have  been  within  a   mile  and  a  half  of  the  Can-id-i  ^hnm 

1  now  except  to  and  respectfully  protest  apiin^t  tJ.o  .our-r  -r^-^f M 

.'hVti,^er»r.i,:t:u7,f^^^^^^^^^ 

macauiiy,  touive\or   General,  was   called  on  the 


40 


I 


\y.\\\  itl"  ihc  prns<MMitioM,  tniil  f<imilrv  \\u\\m  ««'r'  <">liilMlfMl  |irMrr«j^)|n^^ 
lit  hIhmv  iIu»  l»<<»mil(irv  linr  ImMucimi  tliin  I'litvinco  mihI  llin  l'nilf'(l 
Si;il('-»,  nml  mIVt  nil  tlt'M'vitlciH'o  ln>  «MMiltl  f'.i\"  <'H  llif  pnrl  of  llin 
proRiMMition  liml  i'lost>t|,  I  \V!H  (lrsinni««  to -ihnw  l.v  i\  frtmorMuninn- 
tioM  of  tl\iv  wilM'-MT.  inrmv  iiuini-j  imiwM'!  id  to  my  (It'd'urt'  •  ttniitng 
otlii'rs,  ihMt  l!n'  iliviilnifr  Imc  mink'MJ  nti  tin*  nuipM  |tniiliii«c>(|  wnn  im-Mr- 
ivo.l  tuul  «M'r«»ii(MMiH— Mini  llint  witiu'MM  Knew  lillli'  or  nothm|r  ol"  iIh> 
\m«M'ii'nn  5ilmr»'.  nn»l  lliiMrroi't>  (mmiM  not  pnMcnd  Im  Nny  wlicro  ihr 
(lividinjr  lini<  Mriunllv  whm  lM>t\vr.-n  llu'  two  coimliifN  ut  the  plmM-  ol" 
<Mii|uir\.  As  M  <MOM-<  ex.'unmntion.  I  hml  a  ri|',lit  to  filler  into  »■<  Inid 
down  in  Tytlnr  'i'lr»,  in  Mr\rtl\ur,  *i  vol.  pnji;.'  *'•.  m  Slinlvi"  on 
fMidonci*.  pngo  UH  jind  |'2<>.  I  vol.  nml  in  iniinv  oIIhm-  tiniliorilio'i  I 
might  »|Uotp.  Yonr  I'lcsiilonl  rtdnscil  me  iIiim  n^',1''.  "Iim'Ii  I  now 
nlleij<'  to  Ito  error  m  these    |Mt>eee(lings,  nireeling  the  inerit«<  ol'  the 

OiUlsc. 

I  nm  i\lso  hor.nd  to  exeepl  to,  :\nd  enter  my  proleNf  ngiiinst  the 
pr<>oeodingsi  of  thisConrt  MurlinI  on  nnother  point.  A  pnper  pnr- 
portinjr  to  have  eonliiined  the  snhNlunee  ol'  i\n  jidmission  or  exami- 
nation  said  to  have  heen  taken  before  Colonel  j'rmee  and  others, 
majrislralf's  of  the  Western  Dislriel  of  this  provinoo,  was  prodntu'd 
fiiKlivatl  ;  and  when  tlu^  Judge  Advooiite  had  elosed  his  examina- 
tion of  Mr.  I'rinee.  I  was  dc^sirons  to  eross  (>\amine  him,  ns  to  the 
admissions  made  on  that  oeeasion.  and  to  ohiain  the  whole  ol"  thosn 
admissions.  1  was  then  stopped  hy  the  rresideni,  and  d«<nii'(i  thiN 
right  eontrary  to  a  general  rule  filed  in  I  Starkie  'M'i,  where  il  i.«« 
doelnivd  that  the  whole  of  the  evn\temporaneons  Mtat(>ment  or  deela- 
ration  mnst  he  reeeived — the  pari  whieii  op(>rates  lor  him,  as  well 
as  that  whieh  malv(\s  against  him.     'i  \U\i\  Ahr.  lol.  (i(M.  to  liie  fMirne 

ctleot. 

1  would  Tarther  rospeetrnlly  «^xeepl  ami  protest,  that  the  pap«>r  pro- 
duerd  purporting  to  he  my  examination  or  admissitm,  ought  not  to 
hav(>  heen  read.'heeause  I  had  not  signed  it.  nor  was  there  any  evi- 
dence that  I  wasealled  up«tn  lo  sign  il,  and  had  ohjeoled  or  refused. 
Se(> 'M  Hae.  (»()J,  .\s  authority  on  tl\is|)oint. 

Tho  onlv  motive  an  .aeousod  person  oan  havt^  for  making  a  con- 
tossioM  of  anv  faet  or  eireumstanee  whieh  should  mililal(<  against 
hinn  is  a  v'onseiousness  that  the  wlioio  truth  of  the  faels  and  cireum- 
staneos  eonueoted  with  the  charges  against  him,  would  he  hotter 
received  hy  honorable  men,  than  a  denial  of  such  facts  and  circum- 
stances as  mav  he  rea.sonahly  snppos(Ml  to  (>xist,  while  \w  admits 
that  which  goes  to  his  (^\cus(\"  lleucc  the  v\\\o  whenever  any  pJirt 
of  a  prisoner's  confession  be  given  iiunidcnec  against  him,  the  whole 
irmst  be  takr-n  without  enquiring  whet!»er  every  partof  snich  c«>nfe.s- 
sion  bo  rcloviint  or  not,  otherwise  than  that  il  is  a  part  of  tho  priso- 


11 

M-'.  :  .•o.,lr..i„M.      T,.vM,yll,i.,„lMhnv.Mln„..„|,||MMUVnn,!.„.nM 
!in'  riglif  III  iln>  Mt'rinrd.  I    " 

""tV..n.nvM.Ml.Mlfl,..    ,.Um  „ml   nl.jn,.,,,,,..  I     Im.V.  (.M.rKn  i„  |,„r 
;""""•:  M;'"""""MV<..K"u,m  „„..  nl.irl,  vu,,  I.MVMPvnrr„m-r..Mln,| 

.J..n.,,l,f,o,lu   n., IMS, ..v.lH,. ,nn.|||.,vnMwili;,ll..      L 

r»U  «..  .y.nmh    Hm.I  I  „.,w  „u.m|  ,.n,n...flv  bnli.'vn  I  |„u..   ,ni.,.,|  ,  |. 

I  .oVMH..,,  HM.I  MH  w  u,l  nv,.,  «h,.ll  I.  .1......  I.y    yu,,.  or   Mr,'      I.  , 

;;  '  7/''     '•""""'■•   ""  "•   ••'— 'i-K    >•-,.•,        I   '--.nl  ,|„,  whin  , 

:;:;;v:;:;i::''' " "  • ^ "•  -■,,  .ih..,!,!.,,,,,;;.,..!"!,; 

I'MH...,  ,,n,v,n,.n,,.i,|,.,.||,n(n.,l,,,M.nv..r,lM|,M   I'nnrn  m,m|  IVuUuv 
.'.   ^"-^  ;'<l>''     w.linn  Ih.  |„,„(-.  or  fl.is    ,,r.,vuM..       |  wmm    in    urn  « 

m,.    ^M,.!    ..Mtv,   l.nM,,n.,„i.,l,lH,l..,Ml,n.,l.    oC   Mnnl.in.t.        ^ 
v.,ro  fmvrll.np,,,  r  ...  Hl,nrr,.nr  !.„l,..  lOri,.  IVu,,,  (IumIu-M  (o  A,„l„.r.U 

'  '.v/.mr  nro  .,/,,rrfs  n„  fhr  irr.^^     ('M,.,„iM  dir. y  l.-slilicH  fl.al  ', H  ! 
<..v,MKM..n   .n.ln(.nyMr.h  A,„l,P,M»lM,rKl..    M.ny  •,li.,.ovon.,|   ll„.    ,w' 

V  ...  h  flu.y  l.n,ls.;Pn  al  «„  grrnt  a  ,|i.(M,M-,.  on  ll.o  iro  l„  |,„  ,„.,  ,   il 

l"'f  '.  •■•"HMMVing  (l„.,„  („  Ik.  ,.,mVs.  (:<,!.  Pri,,,.,.  will,  in,,  (VpsI,  hmnol 
an,  HicMghs.  u„l.  a  Mr.  MaKg-Mty  wnnt  in  p.rs.ul.  1 1,:,  C.l  |'  i  ,  . . 
t"Mt,(„.M  ho  pmvM.I.Ml  on  (',,,,1.  (iirly  ,„  ron.ain  whom  |,o  ,v J  i, ! 
OHMS..  |„.  wMs  nnvv.ll  an.l  Ium  l.urscH  (ir..!.  C,,,,,  (;i,,y  ,„,ii|i„^  „„^^ 
'•';;  '<"•"  .-w  ...Mn..nfH  hM|,.,l,„,  ,1,0  ,.|„,o  will,  \u.LnrU,  JZ 
1..;  thouKl.i  ho  ,l,M..,vor...hlM.,..rsnnM  rnnnn,;;,  ho  ,lr<.vo  aW  I  'n  '' 
I..S  .«  r.n„ar  uhlo  a.sCol.  Prinoo  ha.l  hy  .1.;  .os.inuM.y  ,,  \,  L 
;l'"v.>  ..II  ra,.i.  ly  w,(|,  hv.,  (roMJ,  sloighsan.!  hnrson,  anrJCapt.  (i.rlv 
'"^'i  'vmM,no,||,ooanso  his  loam  was  tiro.l,   an.l  Col.  Prinno  who  w». 

"^mrMm'    olr'''^  ..,  w„h  n.c  and   n.y    ..on.pani.-n,   .na';;::;; 
«'i"i^v   ,nat  wo  ran  oiio  .sion. 

ZlJT  •  ;■•  f!'""^^"v'":'  •''"'^•''^ "«'"  '•""'  tf-two,ii,uo 

.<7i^,i,r,„„j^  „/,„«,  „„;.  „,,.„  A„.v,m'.v.v,  01,  our  own  so,/  ?  «'  us  ho  further 
test.htvsul  lu«  uw..  accord,  fhnt  I  al  tho  .nomonl  -  chargrd  hi  n  w   1 
havaig  captured  rny.elfaiid  companion  on   the  Am.fioan  waTerT '' 

6 


i«i 


Col,  I'HHt't'  ]\r\v  nl'iM  |t"4tiii'Ml  Uini  \\\\t'\\  utiliiii  iiMi'  Ittimlit'il  ^riMU 
ol"  no  In*  li"l^  l»H  '•li'inli  t\\\\\  iIivi'iIimI  liim-itll  nl  hit  f't.^(,^/i  tiiiil  i\  toviii 
Siut'f*  «  hji'h  l»t>  riMiM'tl,  mill  jtiUHniMl  ii«»  njoni'  uii'ilii.  unit,  nml  iIimI 
tv^l  nnlil  rtlV'V  hrtviiiH  ilniii'  Hmliil  In-  ^l'^n^ni  p  «  I-  I  I  \\ici  tjuit  linn 
hrtving  ili-Jt'iMiMi'il  lliiu  inv  «'nin|Hin(iiii  iiinl  nnHi«H  litnl  iwmhJ!,  In 
h^iOi  nnnn  iVmu  inr,  mul  iir-iiuMl  iMi,  lliifi|iiii\  ulm  Iii>  -tiivM  uni 
With  hiin  111  il;\i'M|  niv  nnn|Muii"H  III  liiM  fuuMil,  iiml  Imlh  nl  uliii'h 
ho  t<tn«  \v«M^«  lnKi'H  uiflioni  iip|Hi:ilion,  nml  lln-n  nlit'i  Iiuviiih  tulil 
n^  lllrti  ••  \Vr»  WiMO  till'  MMV  MiMl  nl  pomniH  llr  wim  liinKiilK  '"'  "^  '"' 
hr.-*  l«'^iilUiil  hn  »|i'nmnili"tl  nl' in  "  il' v\(>  liml  iiii\  liii>  iirniM  iilmiil 
\]n"  iliMl  "  \\i'  !«i>Anii'il  linn  Wi-  hml  nm,  mnl  iluil  In-  inlil  n  •  ilmt  lie 
wnnlil  bi>  ««miM(inl  w  iili  iliiil  fi«j«»nrnin"r,   tunl  \niMlil  iiui  Mi'inrli  in  '  '" 

Ni^v,  liow  onn  llu»  rninlnri  nl  WA.  Piiiii'i'  lip  ni'i-.iiiiiinl  lor  in 
novn^iUinp  nu^i'U'  unil  oonuininnii  in  pitM-^  willnml  |ii<in»>  •loint'lit'tl 
for  liro  m  ni",  w  Iiimi  I'lnin  i»uf\lii  Iip  Kiu'W  ,  fMM'|»(  I'lnin  nni  i\\\  n  \^  omIm, 
wo  \\\'\v  I  Ion  111  \  Miini'il  u  illi  ill!  K  ;  ;inil  msinl^  nmli'i  nni  ilniilm  irmly 
loilt»«lnv  linn  imhI  ln««  ooinptinion-  iU  llio  I'h'jI  nnnniinli'il  inmnonl. 
On!  ho  oonooivo  in\  wmil  jroml  soonnlv  Ini  ilm  snl'iiv  nl  lij'i  Ijir  ni 
mioh  n  inno  >\  l\on  no  plo\\o•s^  wi-inM  ho  )nnnriii\niiisi  pisinl  nr  ilJiK 
•nil  ilishohovii  ino,  whon  I  loM  lorn  wp  wpip  VniPiiPiui  riii.pim  on 
Ah'ioi lortn  ^r\ninil  ' 

NVhih'  I   «io  inOHl  snionnilv   liri'V    iho  "  nlinijjo"  nl"  lui\  nif^  ln'rli    III 

nvni"  wiiinn  ihis  Piox  inoo  n}(uinMi  I  Im  Mn|rsi\ ,  phIum  imiipil  w  jtli  m 
wilhoin  nn\  olhov  'Mhip>»I\  '«  siihiPcH  whn  Inno  liomi  InnlniniHlv  in 
Rvin<  fi^iuii'-l  Hov  Aliiio-^iy  siiu'o  ilio  I'.MIi  ilm  ol'  liiiniiii  \  |H;m,  ii 
nvvy  no!  ho  unpvopvM-  (ov  mo  hoiv  lo  sttito,  ilmi  lifmiifr  hnpii  Inr  n 
shiM'l  Inno  o«MinooiiMl  with  snino  poismis  \\\\n  upiopxorling  lliPin 
wilvv-*  lo  givo  oonnlonnnop  nml  In  «,if»tiun  w  vovnlnlionni'V  n.tiiv  in 
ihjj*  l*i»vim>o,  holoo'  iho  r*lh  (Im\  nl' .hiniitu  \  mi  nr  nhmii  tlio  Bill 
%\<\\  o("  l'ol>in;ny  In-'l  \  ii'^;nl\oil  In  htwo  nnllniij)  iiinio  In  tin  uilli  llip 
srtui  poiHons  \vhnrtvt»  Unnvvu  hy  iho  niuno  of  I'ntiiols  on  iho  (Vonlioi 
ol'iho  I'nilt^d  Sinton.  Al  ihis  (iino  I  \vi\><  m  ilio  ni\  n|'  ppirnil  nml 
n>nvi«»niv  in^v\j3;n«linn  nv  (li^snhiiion  (iiiiniho  l'tiinnl<«  Kimwii,  io<  woll 
«s  n  «h'loinnn!\lion  whioli  I  hn»i  onioniunod  in  ooin|iilo  miiiI  piihlish  ii 
Kv>k  in  whioh  I  pl^^|^oso<l  In  «ivo  nn  tn'oniinl  nl' \vh,»l  liiul  inui'^pMnil 
on  Iho  l'i\M\liororiho  rnilo«i  Mmos  nuil  I'lipoi- ('nnmlu,  sinoo  iht>  lir«t 
«inv  ol"  lV*ty>inhor  Irtsl,  nwA  I'nv  whioh  >vork  \  hinlnlvondv  sponl  Honio 
tinv  in  pi\>oiinn»3;  nooossnvv  inrnnnnnnn  nml  ilnoinnonls,  nml  hml 
WftiK''  my  {\vr«ngonun^r- lo  pixH'ot^l  I'nsi  rinin  PoiioiM'ni  ilinl  piir- 
\>»>!!t'.  H,"^ving  piwnnnl  n  privrtio  ooinoynnoo  Irnin  Holroii  lo  To- 
l(>vi»\  iM\iv>.  1  put  \\\o  piuuMpn!  pavt  of  my  hnggntfo  into  thnoarringo 
»i\  whioh  \  Wftsto  pnvNHvi  ;  nfioi  hrtMng  »inno  so  1  wns  nno\po»Medly 
^^^t.-Mmni  and  the  p<>vsou  who  was  to  convv  v  vup  to  roli^io  wont  oil 
with  mv  h.'%i3iracs>   r»\M«  V»«nr.Mt.      In    n    short    tn\\*»    1    ri^llnyvoi^,    o\ 


IM 


rHln«  »o  ill..)  f„y  l.ri«Kn«M  nf  'Cnl.,!,,.     M..f  ,vI,mm  |    nrrivcl  Dii.rn 
••  "7  ;""l"'''';  I  Inim.l  It...  |M.,Mnii  uIm,  |„mI  l.,uu«l.f  i(  frr.m  iMroK 
lirii     )•>  It  III  M..III... I......  I... I ii   .       .         n,.    .    . 


iltj',  iIiIm   I   I'llllKifil   III    l\| 
llljllc'l  fill   lii\    rjulli 


lllni-,   M  |ihi'i>  ln-hvfw  M  M.lM.il  .111,1  TmIciI 


(1 5  iiM  n-nrn- 


11 


t"l'l.   tlMlnlll|lil||Li    ill    VmIiIi-   ((»  (lie,    I 


""";',"•  |""''"l(  Ml   i„y  Uni'JVHV'^   vvliirl.  ,.„u 
'    "M,    |ifivi|l..   (lM|lflM,    Mini  mIImT    VfllllfllllM 


•tilid 


"  M  NMiMPU'liMl  iiM|i(irhifil  niiiiiiitil, 
MM  my  Mrrivril  at 


"••'I  in'liiiliii|.  iiImhii  „||  i„v  iivfiilnl.li'  |ii<i(ii.|f) .  iiml 

(Mt'HlMi.  u  hill)  I   Ihiiilt   UiiMiiii   I'imIhv    IIic  ''U(|  n('|'..| 

f"  ni\  Miill  ,riM,ili.|Hiii|.iiM..  Mini  ••li.i,Min  ilnii  I  li,,.!  iMM.'h'ri'l.lM'il  mV',',!! 


iHMiiy,  I  !i'i(rn»'( 


(I 


m  I.Miu'MMP  M.I.I  ..|i;.,.(M  ul.irh   liM.I  Imim   l,inM,.|.(  Cm.,,,  n..(,Mii  Mml 
'!'"    "•    "Hit    |.Im....       |„    l,Mnii|.    llw    riirii„iH(M|ir..M    roil»|.T(»..|   wjlli 

irioiiv  niifli-. 

iiiMI  cnlMciiifMl  ill 

in    jinrfUMfiM 


IIU'  mill... IV   ..|    my   l«M>;;.n|M.,     I    |.n  immmmliI   luVMi-lf    of    U"^\\ 

n«'M»l.i(lx  lliK  .'IIIII....II  rum  iiMlivi;|.mlM,  wImiImmI  Iiumi  ,.,. 
I«l'>t.    Miv  |ii.ij.iMi\,  Mild  Ituik   mil  |iiiir-»MM   liir  Imm  i.C  || 


U    llMlll 


li'MI  IH'I 


w 

.1 


K'M    I    III  |i\,i||    Ml    jlilldil    I 


llMil  jM.ii..  I.,  jli.trujl  fiilit  |iliir>fiM|i.||  tl 


M  v\y     liilhiii^i  (  whi.li  I   liMil  vvill 


M'rn  in  (.iirMUil. 


.^M|r|.|'..|i,.(|  Ml   IcrnVMrill/r  n    frw  Mllirll 


IN 


I   mn   nlli'li   I    WflM  ciililllfi.rl  |,y  Col. 


I'HiMM..)      Wliil..  I  u,H   Mt  hHii.il  l|,n  In,,  iiwli   i.l.inl.i  wlm  ImhI 
|M.«.Hl.«,^;Mn  1.1  Ihx  ^fiHli.r  pnil  nf  my   |.|H|„.,|y   ||,.,|  |V„M,  II 


foU 


IIKlM 


Mull 


till.,    oil 


tiMMl.Mi  ;iii«, 


M 


i»'  ';ily  »'nnt 

'"   '""'"  lliinii^rli  niiio.     Ilnvin^  IfMHinil  my 

r^|i.-iifi.i,  nhn  UMM  .MiiliiiPil  Willi  ir.n  mimI  wIki  lin'd 


gIVi'll  llli<  liiilii'i*  nC  Miiiiin  nj"  llm  (nrln  mI 
»hI  Ilin  Ri'rviiMiq  to  nm'\H{  mi'  in  ijs'ovt 


HiVf  nIiiIcI,   hndly    V'.limir 


'or- 


Minv  II 


li-ninril  (hill  iliM   iniliviiliiiilM  wlm    Imil  (Ti.,|  \vill 


ny  |imji(Mly,    and  lifivin^ 


IMiiinpnl  ..CuIk.i,,  ufiMuiM-  ClimlfH  (}.  I  rinli,  Jr.  of  || 
lllln,  fiilil  r.ir  uliniii  I  IiihI  ImIu It  fl  |.i,.c(....,  1,1. 1 

nslicii  o(*  (lii>  |M>Mi'n  Ml  Mum 


wy    |iro|if'rly  (tlio 


I"  ('My  ftf  HiiC 
''i:m  (iiir)  MiirlMii,  i\ 


,  Mini  which  Hfiiil  (irnfrsfl  jm  nnw  ih  tl 


mn.!«  ol  a  imlin.  nil,,.,,,,  jn  llm  rily  of  Drhuil)  |m,|  |„|<,.„  j} 
f(i  Iho  .'I\m|   ill  n   Wllfr.ili  hy  ih, 
tliiMhv  ill  (  Miin,  1(1  wlii.'h  ImmI 


m; 


10  roulo 


••riVi.m    hi'lniit,   thn  (iJMi 


n  u14v.11  l.ydii.  wfiy  .,r  J'rnyNhiiiT,   "»i'l  liowor  Hnn- 
iii.'iiiii.iii'.l  |»|,,,.n   hy  Iho  roiiln  wpokiMi 


i\fuy   \^   ••MfmiMliil  Ml    i;iO  tiiil(««,  whilo  in 


tt  tlli-ni't  tiim  iinrtisH  thn  h<-;i.l    vnivrn  ..I'  LmIi.,   f;,),.,   JVuni'l 
.Mv.M^SMii.hiNKy  il  ruuhl  hi.  no   iiMirn  Hum  70  milow,  runl  nnrl 


IVMfl. 


II  rii 


KU.iiiiy  with  f\lr.  M|...|M»«r  I  hnd  n-Milil 


vpynmv  l..  ( iihmli.i.      \\||,.|,  | 


univt'i 


I  tl 


mo 


K'lC 


Ml 


hapfl  ) 

y  pruciirfwl  n  cnit-  Hji 


10 


r.  t^iicncnr  mi 


Ivis^d 


I"'"; '  '■'•"•"  ll'i'l  I'lnriMu^ruHs  ihf.  j,.,.  on  fool  lo  l,ow.>r  San- 


diisky  t\H  the  must  (M'lliiiii  1 


nitr 


|tru|)niy,    MR  lin  inroinii'd  mn  hi>  had  I 


tiinr  (d  taking  llu.  pf.rsun  who  had  my 


M'fn   acifjsH  (III  tlip  ion,  und 


WMN  woll  ac.|ii,ni,|,.d  Willi  thu  r.Milu,  ami  Ihal  hy  lakiiiK  tl 
lout,  wp  ruiild  iiul  Cad  I 


»f>  icn  on 


would  ho  poHMihlt!  for  iho  porauns  lor  whoi 


arrivd  nl  Lower  .Maiid"i!nli  y  Hoonor  than  it 


yy  inliMropt  thorn  in  llioir  flight.     llrdiovinK  sind 


tlioiol 

inusf  liiudy  iiiniinor  of  n-co 

Torinp  to  (Muuluct  nu»  iiorosa  tl 


II  wo  worn  in  pnrHuit,  and 


I  n  0011  r«o  thn 


voring  my  proporty  nnd  Mr.  .'^pnncor of- 
ico,  directly  an  prupo«ed,  to  Lower 


11 


SniiiiusKy,  I  (vrctM-ilinglv  t'onsriilfil  to  ilit<  immiinc  Iiv  Iniii  immjhim'iI 
niul  IcH  <<'ilnnl(<'r  will)  liiin  nl  nlxuii  I'l  u'rl.u'k  IM.  mi  (lie  'llh  ol 
IVIsn-rh  In^i,  inxl  pMsst^l  down  ilir  h-'iul  o|  tlic  laKc,  on  (lio  AiiHMirnn 
.'<iilr'  oC  \\\r  y\v.\\\\\v\,  itntil  wo  \\(Mv  onpltiivi|  by  Col.  r  iiii'o  Ml  iiltoiit 
hali' p.'isi  1  r.  M.  i\M  i  think  it  wn^.  M'l.r  Icnviii^',  « Jilirnll<r  wo 
hiul  l!!i\r||o(l  Hi  M  in|uil  v.mIo  down  tlio  l.nko  on  l!io  ivi«  nntil  on|.- 
tnvrd,  nho\ii  IvMnnnd  n  huh  honiMMlUT  wo  Uiul  loll  :\\  whioh  limn 
wo  nuKt  hiivo  hoon  iVoni  HI  to  1^  inih':;  holow  t  iilnnltor,  pid/rin/i 
iVvMn  thu  niamtor  wo  (rnv(dlod. 

I  Wfis  not  nt  the  (imo  ul' my  oaplnro  oomio.Mi  d  wiih  nny  noiHons, 
ranadinns  or  oihors,  suhjoois  oI'ImvuI  Mntuin  or  nny  ppisons,  oili- 
9;r>nH  or  Huhjools  ol*  nny  olhor  oonnlry.  or  nnv  olhm-  li<idy  of  mou 
who  woro  fMtgngnl  with,  or  nt  nny  opor.ilions  nijnmsl  lhr«  I'rovinrr 
ol  rpp(M("nntid;i.  or  iho  pooplo  of  th(>  siud  Provinoo.  oiihor  in  Ciinii- 
t.n  or  in  Iho  I'nilril  StiUo'' — nnd  1  hnd  no  intontion  ofgomfr  into  nnv 
partoriho  rnnnh-oof  I'ppor  Cinndn.  orncMnr  to  it  thmi  was  nu- 
ooss.ny  Cor  mo  to  go  in  pnssntg  I'lom  (Mhrallor  in  I\Iiohi^)!in  to  liowor 
{^andnsKy  ui  Ohio  lownrds  which  phioo  wo  wcro  Iravtdliiifr  wlioit 
raplnn^d.  My  ornts  woiv  thon  iind  nro  now  to  iho  honl  id"  my 
HnowI(>d|ji>  i\l  ToIimIo  and  fh<>  t>ld  swords  Mr.  SjHMioor  and  nivsolf 
had  with  ns,  woro  in  onr  possession  moro  iVom  the  circuniHlanro 
o\  haxing  hy  ohanoo  pat  our  hands  on  thorn,  than  (Voin  any  «)thor 
iHotiv«\  li  max  ho  aignrd  ihongh  no  fividoiu'o  oltho  Kind  has  hoon 
oHovod  h(M'o.  that  I  might  havo  boon  on  my  wav  lo  IVdiMshuid,  or 
rudoavoriiig  (o  r(>oon»ioitro  thoCanada  shoi-o.  VUo  (irrl  is  iniproha- 
Ido.  |\m'  with  tht>  I'oroo  on  iho  islard  I  novor  hail  ooiino\ion,  and  at 
tho  timo  1  N'l'tOotnMt  it  was  gonorallv  known  (hat  tlio  Vatnot  loroo 
had  hr«M\dri\on  oll'hy  \onr  troops.  What  was  thon  Iho  nhjool  m  pro- 
cooding  ihiduM'  f  Tho  Canada  shi)ro  to  wdiioh  I  wasop|uiMilo  had  noth- 
ing to  attvaot  mo.  ihoro  hoing  noithor  a  party  nor  armod  hoihos  of 
n\on,  or  iVi<Mids  to  oomnumioato  with  in  that  (hrootion  ;  no  indiico- 
nuMit  ol' thai  nalnro  lias  hoon  atloinptod  to  ho  shown. 

^^  as  I  armod  as  a  piM^sop.  in  his  sonsos  wtnild  lio  likoly  to  h(?  for 
puoh  an  cnlorpris(\  nothing  hat  a  sword,  sinng  w  ith  my  himdlo  ovor 
my  shouldor,  orw«u'n  asCoK  Trinoo  has  (ostiliod,  •'  ao  military  nmn 
usually  w<^ar  thorn."  Whon^  wtM^o  pijttds,  nflos  m*  any  olhor  ol- 
tVnsivo  weapons  ?  Nono.  only  a  mistM able  .sword  so /la/^rv  "  that 
a  lu-ilish  ollioiM"  wi^ild  oonsidor  it  a  dis^^rioo  to  wonr,''  and  of  no 
otht^i  iiso  to  mcMhan  tlio  moans  ol*  expelling  the  insinnalions  al- 
tomptod  to  Ih^  thrown  upon  nit^—lhat  1  was  in  tlio  chnraotor  of  a 
t^p\,  as  wiihout  prtHif  of  having  in  my  pos.sossion  any  kind  ofdooii- 
nionts,  maps,  oh.arts.  plots,  pl.^ns,  or  j'onosjMvndonoo,  or  i^i'  my  ho- 
ing  at  tho  tuno  in  oonnoxion  with  any  of  Hor  iMajoHty's  suhjocts  in 
the  Trovinco  or  on  tho  sliorcs  of  tho  i'nilod  Stutos,  or  tlint  I  "had  tho 


If. 


niM.l  pniliMl  n.'.|iminlf..M<n  uilli  hi.v  '^\ufrjv  in.Jivnldnl  rnHi»liiiir  within 
tl.m  n.vm.P,  i|„.  wrniing  ..f  r.  "  MMlil.uv  .Innl,"  vviUi  cynnV.  ^yonv' 
on  u(  «n|.Mlriy  ft  .•Imifirif-f  in  iIh-  irimninr  mm  it  j^  fr,Nii(if.,|  ..„3  „  jjj 
trny  .n.-n  nsnnlly  .1,,,"  will  l,u  gn.nlP.I  I  in..(  l,y  you  nuthnivut  .vi". 
'"'"'••  ""!  '  '""'  "••""  "I  •'"'  "l'l"'-l«  "fa  R|,y  i„"vinw  !  Who,,  wr.s 
t  H'M.'tnl  l.uNl.l.ly  immv.mI  f  Wl,,.,,  ll„.  u  r-l.  h.-.l  u„„|.on  I  hn.l  Wfii 
;"""""l;''lnl  -i.c>,  vvn.s  ihn..  uny  Ihing  l,lu,  .r^siHlMn.-c,  Mftornplml,  a|. 
Ilinll^ii   I   rlniliHMl  In  Im>  oh  ill.'  Noil  of  Miy  cnimlry  i 

Cul.  rmKM.fui.l  r,,,,!.  <;ir(y    I.Mvn    iK.lh  InHiirKMl   ilmilwMsrnp- 
'"•<•<!  MM  Ih,.  wMf,.r.„r  |,„|,M  |.:,ip  w.lhin  ,„...  fUMJ  n  hnlC  miles  o|  (llo 
(  mhm.Ih  mImm,.,  whM.I.  I  slmll  nh-w  yun  i.  !„.(  a  mnrn  „,m,mom,  lm«o,| 
upon  in.  Inn  wluKovnr,    nn.l  ii.  whirl,  fhny  nvn  ,K»NilivHy  .m.tnknn 
.'I  n.hnillmg  l„r  (hn  s„ko  ..rnrp.in.nnt  (I,;,!  I  wn«  within  thrj  (!„nn- 
•"'""  I'"".  "  h.rl,  however  I  r.,„,ly  ,Inny,  nn.l  of  which  I  in«iM  ihoro 
IS  IK.  legal   evi.le,„-e  ..lle,e.U-,M,ght  not  the  in<e„tion  lo  ho  Colleete,J 
run,  the  ei,r„„,R(nneeH  to  have  any  weight  ?     If  hound  to  Hanchmky 
(niM    Iheie  ,s  no|)oNii,v..  o,M'iiTuniBlnnlialevi(leneea.Mi,ce.lto  infer, 
"Mi.li  les.q  |„-ovo  the  eontraiy,  hut  on  Iho  other  hand  Rlronirlv  to  sus- 
HtM„,  ,„y.ia(e,„e„(.)    |  had  in,-autiou.sly    or  ignorautly  ovorstnpped 
«  HH  M,u,ginary  line  (ihc-.-e  heing  „o  hiioy^  or  other   evidenee  of  the 
divi.Mu,)wl„|Mtth.m  endeavoring  to  n.a'ke  my  point  of  deMinrition. 
Am  I  guilty  wilhin  the  intent  and  meaning  of  thin  Art?     !    wr.uld 
pnt   the   n,se    ,1  a  s,dH.oner   laden    with   tea  or    any   other  contra- 
hnuil  a,l,e|e,  ,|  imported   inio  tin.  I'.ovinee,   hound  fVon,  f )flwego  to 
l.nwiHton,  in  go.iig  up  the  Ningfira  river,   grounded  on  Ho,ne  «honl 
oiitho(anada  side  (ami  in   attempting  to  exlrieato  himself,  throw 
nut  s.min  hox,.H  ol  the  tea  or  other  eonlrahami  article,  wouhl  thi«  ho 
'•""'■d  l"<'al<„,g  |,mII<,  and  „mlu<  her  li,d,lo  I.,  ron.lomnation  ;  or  if  hI.o 
Hl.ouM  he  lu-nling  II,,  ||„.  rivrr  wiih  lliin  en,-go  ncn.HH  H,,,  Uminunrv 
diviHion  hue  lo  the    Cniia.la  nide,  would  her  cargo  he  Imhie  to  coii- 
hRoation  (     UM-taiiilynot.     The,,  if  I  in  a  ronto  .ucli  a«  it  i.  hetwecn 
^lnn,oe  and  .S.i iid,isky-^-lakeii  over  the  icn  to  avoid  a  land  cirruil  of 
twice  the  di.lance-  linding  impedimentM  (u>   the  ice  such  an  oxiMnd, 
111  ilsheinglhrowu    up  iu  several  plnccM    and    therefV.re    difficult  of 
cr(,Nsmg~oril  I  mcnuliously  HhoiiJd  happen  to  .stray  across  thi.s  lino 
—and  willmut  hemg  in  ,.o,npany  with  tniilnrouH  IhHiHk  Huhjr.r.lx  a« 
rr-iuired  hy  (hn  m  Ad,"  wilJKHit  any  overt  act  (d" hostility  heingprov- 
iMl  in  aiiv  manne,-,  am  I  to  he  Huhjcct  to   the  pains  and  penalties  of 
IhiH  I  rovmcml  Ntiituie  under  which  1  am  arraigned  '\ 

Agiiin,  supuos(.  I  had  heen  captuivd  at  the  head  of  and  connected 

witl,  an  arm(>(l  loirc  of  a  thouHand  men,  within  this  IVovinco,  wour- 

ing  fio  wrnpnii  u,M>ii  my  pei-soi,  and  hut  a  upv-gluHs  in  my  hand— 

OHild  It  ho  d<!iue,|  hut  that  I  was  in  arms,  within  the  meaning  of  the 

Act     \     I  think   not.     Then    if  I    Imd   hcen   taken    in  one  of  tlio 


10 


I 


whorls  of  TnnMitu,  honriiifr  oiMiM  upon  m\'  |i(>r«(>n  ns  iiTmli,  Iml 
(lisooiMirrliMl  \\\[\\  iiny  nmind  lort'c  or  liody  oi"  nirii,  who  pIkmiIiI  snv 
••I  wn«  ill  nnnn  nguiiifl  lloi  MnjcHly,  in  iIhm  I'lovinccn"  \n\\ 
niighl  fiH  woll  (nik  olH  i'liild's  licing  in  nrniy  ngnirtsi  ila  |ini(>nls  willi 
a  trn  !«po(»n  !  'V\u\  oUJmu'o  inlonilpil  (»»  lir  cii'iifcil  uinlcr  tliiH  "  Art" 
by  xvliit'h  y«Mi  now  piorcss  lo  try  \\\r,  \h  nol  llic  mnn'  wcininfr  ol' ti 
puokrt  |)i«fol,  or  villiiT  nnuN  upon  llio  person,  Iml  llio  ncl  oi"  lining 
joined  Rnd  v'onnoelod  wilh  tin  nrnifMl  body  of  ninn,  ronipelent  lo  rn- 
f>if>l  the  nnlliority  (d' ihn  Ijnocn — of  ut  jonsl  with  Iho  ninmrcHl  inlrnl 
ol'  so  doing. 

t)n  bin  direct  (>\Mnni\f\lion  (^iLnnd  I'rinee  lutf^  lemtilied  ihul  ni  ihn 
\mw  I  wnn  enptnit'd  Ity  him  nfler  I  hnd  Hinled  •'  we  were  Amerieun 
oitiy.rns  going  about  our  business,'*  lie  had  replied  llmt  AnierieiuiM 
!md  no  business  there  in  those  limes,  lo  which  I  then  Hdid  "  I  wns 
g«)ing  to  Lower  Hnndusky  to  «'ndenvor  lo  inlereept  son\e  persons 
who  had  (ttolen  s»»nm  iut)n<'v  I'roni  n»o  nml  my  elotheM  and  valiso 
whilo  I  was  in  Monroe."  Now  any  slalenu'uls  niade  liy  m(?  at  thn 
timo  of  my  nrwst  could  nol  hrj  giv  n  in  evidenre  by  nio  on  my  do- 
t'ence.  Sueh  statements  oouM  oidy  as  they  have  in  this  case  I'^gally 
be  aiUlnciMJ  <in  the  part  of  the  prosecution,  and  when  once  so  given 
in  evidence  such  stalenuMJts  ar«'  good  evidence  for  me,  and  prove  all 
the  Incfs  the  words  contain,  unless  the  same  be  destroyed  or  discnul- 
ited  by  other  testimony.  Now  let  me  exanuno  what  leslimony  has 
l)eo»»  adduced  t«)  destniy  or  discredit  vsuch  <d*  my  slalementH.  In 
continuation  (\d.  rnnce'tesliries,  ♦•thalallh(>  lime  I  wascnplMred  I 
was  one  mile  this  side  ol'the  line  leading  lo  Sandusky  -and  that  my 
steps  were  then  directed  hnvards  ihc  Canada  shore — that  a  lino  lead- 
ing from  when'  I  was  captu  <'d  to  Sandusky  would  run  in  n. south- 
ti'rstrrJy  course  as  I'ar  as  he  «'ou'd  judge  and  that  I  was  going  in  a 
course  about  south-casbM-Jy — he  thinks -and  if  I  had  pursiieil  ihe 
course  1  bad  l)c«>n  travelling f  would  have  been  on  th(^  Canada  shore 
in  alxmt  half  an  hour!  !bit  by  referring  to  the  nui|>s  which  have 
Ihvu  hew  produced,  you  will  liiul  that  a  line  drawn  from  any  point 
near  where  Col.  Triuce  has  slatetl  I  was  captured  running  in  a  south- 
westerly  direction,  wowUl  never  reach  Sandusky  or  Lower  Sand'    ky. 

And  you  will  also  lind  on  such  examination  that  if  I  was  travelling 
in  a  course  about  south  easterly,  as  ho  test i lied  I  was  wIkmi  cap- 
tured. I  was  going  on  alxMit  a  direct  line /ewvin/.v  Sdinlusky  which 
lies  in  a  southeasi  diixiction  from  where  we  were  and  on  as  direct  a 
T»ute  as  I  could  pursue  towanls  liO^ver  Sandusky,  and  that  such  a 
course  would  never  have  taken  us  to  the  (Canada  shore. 

As  to  tb.e  c-.>i!rse  we  were  travelling  whoti  captured  by  him.  Col. 
Prince  incorrect  as  to  its  being  a  south-east  cour.ie.  In  this  ho  had 
something  to  guide  his  judgment,     llo  pursued  us  in  tho  same  di- 


47 


r.KMi.)ii  wo  wofn  |.iirHUing,  nri.l  Mkmo  wnn  Mm  luiglil  hum  to   {,.,'1   |„,„ 
Ihn  <oiiiHn,  liiit  flic  ('niKulft  sli(iif»  u'tiH  (liif  liorlli, 

In  nil  nihnr  iPsporN  ynt)  will  prirpiv.-  ( •„!.    |'H„,.n    ],,,.,  i,m,|o    «.  » 
ym'v  nlmuM  ol  .uutli"  (.n  (|,p  ,sl,.,ro«,nr  jI.p  |,„nrl  wfiforH^f  Imko  KnV 
Uiilf'RS  liiM  MlfilnnnrUf.  am  nil  orronfM.iiH,  um\m  nnrl  ^f<^„i,rnt,\urH  nm 
wn.Rnlli(.i.nHnl(.Ms,  nii.lnlh.urHrl,,,,,!    Alhi«,.    nml  lK.nl<H  nrml  nn 
jiniiindiMid  roviHitu)  nnd  <-»»rnMil.i(tii. 

Ill  ni.sw.T  loMiy  wv«'iillH|iirNli(,n  propoflod  U,  hi,,,,  Cnpfui,,  (Jjrtv 
myn  lin  pnrsnnl  m  in  a  .Hnuthcrln  'lirrr/ion.  h,  this  |,o  was  rcrrnrl 
riH  llif!  «l)(,rnH  (,l  Cnmulfi  from  wlmnrn  lio  MnrUul  w„h  dirMdly  north 
yl  IIS  mid  l(.  ^nido  Imm  ji.dKinnnf,  in  thin  rowpcct  hn  loc,  hnd  fhf.  min. 
l<or  HI  niisw.  ,•  |„  ,„y  t2(.h  .iiiprIkmi  k.  hi,ri,  hn  myn  it  wns  a  folnrahlv 
rioar  or  (mo  allornoon.      All  Iho  a-Ht  aro  niiHfakos. 

I  nm  lo  m.|,poRo  fhat  whoi.  (;.,l.  I'rinoo  nnyn  [  wa«  ono  rniln  thi« 
Nido  .d  a  lino  hMi.hn^  to  Hand,i,l(y,  that  ho  ,„oa,„  niioh  a  lino  drawn 
101),  ROM,,.  p,„„t  dilloront  IVon,  thn  plaro  whom  I  waw  r.ap(i,rod  for 
I  am  a  I(,hk  lo  disoovor  I,.,w  I  o.,uld  ho  a  n,ilo  ono  sido  or  thn  othor 
ol  a  lino  drawn  IVom  my  loci.  M„l  «uppo«o  iho  li„o  hn  dmwn  at 
any  pla.M,  wilhm  nn  and  a  Iwilf  milo«,  tho  width  ho  irivoH  tlio  hody  of 
Uio  walor  on  which  I  was  capturo.l,  »  or  10  milo«  nhovo,  oxtonrfinir 
to  niiothor  p(.inl  4(J  miloH  holow.  I  am  Hurpriwod  that  ho  Hhtmhi 
.m/aidaNlatcmcMMhatI  was  capfniod  ono  milo  either  onn  way  or 
th(|othor  without  Hoino  hottor  n.oanH  ofjudginr  than  wcm  pmsontorJ 
to  him.  ' 

In  answer  to  my  17lh  .pioMion  proposed  fo him,  ^,,1.  Prineowtnted 
I  iMl  Ml  the  I, mo  ol  my  caplnre,  he  know  .,1'  no  other  island  neamr 
thmi  Ih.is  Mlanc,  whi.-h  was  j^cven  or  eight  miloM  fn.m  the  Hchoonor. 

Lnptain  dirty,  m  answer  to  my  5th  <pieHtio,»  pn.posod  to  him, 
Mays,  Ihat  at  tli.^  tinw;  of  my  cupi.im,  the  ifsland  of  lloi^  Mlanc  was 
more  thiiii  (our  miloH  from  Iho  S«-,hooner  mentioned. 

Mom  Ihcn,  according  to  tho  toHlimony  of  hoth  thoHO  witne««OH  at 
the  tnno  ol  my  cHpture,  tho  i.sland  .»f  Horn  Pd.inc  and  the  Hehoonor 
mentioned  worn  hoth  plain  and  palpahio  to  ho  soon,  yet  while  Col 
riiico  Mays  Hois  Hlane  miwl  have  Ixjen  m  ho  thinks  7  or  8  mileg 
rom  the  schooner,  (^apt.  (iirty  te.stilin.l  that  ♦'  it  wnH  mom  tinm 
•••nr  miles  (rom  tho  schooner,"  i.  e.  loss  than  live  mil.-s,  making  a 
vunanco  in  Iheir  HlaUm.entH  of  tho  distance  hotw(?erj  tho  two  omco/.h 
<.l  h(.tween  (our  and  (ivo  u.ilo«.  If  thoy  could  he  thus  mistaken  (nn 
oiuMu-  tho  other  must  hav(!  hien  hy  their  own  statoments,  and  as  it 
18  evident  hoth  were  upon  examination  of  tho  maps.) 

In  answer  to  my  Oth  question  proposed  to  him,  CJol.  I'rinco  tostitiod 
that  nt  tho  time  ol  my  capture  (ahout  twenty  minutes  after)  I  stated 

•'  6''"f^  "'«  scijoujiur  near  for  yie  Digfit,  and  m 

Hnswer  to  my  Hth  quoation  ho  testified  that  «  we  were  mfhin  half 


IH 


I 


n  milti  ol"  tlui  scliooiioi'  at  (he  liino  ofcipiurc,''  anH  also  afterwards 
tostidod  that  then-  was  no  other  schootier  within  four  miles  of  the 
place  of  our  cajjtiire. 

While  Capl.  (Jirty  testified  that  ho  was  only  *'  ahout  a  quarter  of 
a  mile  in  the  rear  of  Col.  I'rinoe''  when  he  ca'.ne  up  with  us,  and  so 
near  that  he  could  see  hini  take  my  sword  from  me,  and  in  his  an- 
swer to  my  2d  question  proposed  to  him,  he  further  testified  that  this 
same  schoouijr  was  two  miles  from  him,  or  very  near  it ! 

Hero  then,  Col.  Prince  standinpj  on  the  ice  looked  at  the  schooner, 
says  it  wn^a  within  haif  a  milt:,  while  Capt.  (Jirty,  one  fourth  of  a 
mile  from  him,  says  it  was  tivo  milt^s  off,  making  a  distance  of  one 
and  one  fourth  miles— and  more  than  one  half  of  the  distance  al- 
Icdged. 

Here  then  is  a  disagreement,  and  an  evident  mistake  on  the  part 
of  one  of  these  witnesses,  perhaps  both. 

{Suppose  Mr.  Spencer  and  myself  were  standing  upon  the  ice  at 
the  head  of  Lake  l^'a-ie,  and  beli(!ving  such  to  be  the  fact  should  state 
that  we  were  on  the  American  side  of  the  water,  when  Col.  Prince 
and  Capt.  Girty  should  come  up  and  say  we  were  on  the  Canada 
side,  wiio  tlien  will  take  the  responsibility  to  decide  which  are  mis- 
taken, without  measurement.  The  same  ratio  of  variation  on  our 
side,  as  exists  in  the  statenient  of  these  two  witnesses,  between  them- 
selves in  relation  to  the  schooner,  would  put  us  on  the  American 
side  of  the  channel  without  question. 

In  answer  to  my  18th  and  19th  questions  proposed  to  him,  Col. 
Prince  testified  that  at  the  time  I  was  capture i  hy  him,  the  nearest 
point  on  the  American  shore  to  us,  as  he  thinks,  was  at  or  below 
Gibralter,  Michigan,  and  we  think  the  nearest  point  of  land  at  the 
the  time  on  the  Canada  shore  must  h;i\(!  been  two  or  throe  miles 
below  Hartley's  Point— and  Col.  Prince  has  also  taken  it  upon  him- 
self to  say  that  from  the  place  where  I  was  captured  to  the  Canada 
shore  wa ;  not  more  than  one  mile  and  a  half— while  to  the  Ameri- 
can shore  it  was  not  less  than  five  miles,  making  the  distance  be- 
tween the  two  places  six  and  a  half  miles,  when  you  will  see  by  the 
maps  the  distance  between  any  two  points  near  those  mentioned 
would  be  fifteen  miles. 

Col.  Prince,  you  will  perceive,  places  us  between  two  very  dillerent 
points  from  those  stated  by  Capt.  (iirty,  one  or  the  other  must  be 
mistaken  !  and  if  there  is  any  truth  in  the  maps  we  have  examined, 
both  are  most  egregiously  so !  For  they  have  brought  within  six  or 
six  and  a  half  nules  of  each  other,  points  of  land,  which  have  been, 
since  this  earth  began  regularly  to  turn  upon  its  axis,  more  than  two 
or  three  times  that  distance  apart. 

Captain  Girty  in  answer  to  a  question  from  the  court,  testifies  that 


U) 


he  IS  WG  UcquanUe.!  w.th  the  coast  along  from  Au.hcivstbureh  lo 
loin   Pello,  and  in  particular  ihnt  part  called  Bar  Point,  and  also 
Httrtloy  8  I  oint  which  is  the  nearest   point  on  the  Canada  shore  to 
whoi-ohu  says  I  was  taken,  and  that  Point  Mouille  was   the  nearest 
point  oil  the  American  shore,  and  "  that  to  the  best  of  his  belief,  and 
to  be  within  limits  ho  stated  the  distance  from  where  I  was  taken  to 
I  oint  Mouille  at  four  and  a  half  miles,  and  that  the  distance  to  the 
Canada  shore,  was  within  a  mile  and  a  half"    making  the  distance 
between  those   two  points  but  six   miles,  although  he  at  the  aamo 
time,  says  it  is  usually  called  eight  miles  from  shore  to  shore   and 
on  his  direct  examination  ho  said  the  distance  has  been  called  ten 
miles  between  these  two  points  though  he  calls  it  but  eight  miles,  and 
now  by  referring  to  the  map,  you  will  find  it  is  not  less  than  eighteen 
miles  trom  Bar,  or  Harkey's  Point  to  Point  Mouille.     How  possible 
It  IS  to  mistake  distance  upon  the  water,  when  we  have  nothing  to 
moasuro  with  but  the  eye!  - 

In  answer  10  my  fourteenth  question  proposed  to  Col.  Prince  he 
testifies  that  when  he  first  discovered  myself  and  companion  on 'the 
100,  ne  was,  as  far  as  he  could  judge,  nine  miles  below  Amherstburgh, 
which  ho  had  also  testified  on  his  examination  was  the  point  of  land 
on  tho  Canada  shore  opposite  which  we  were  captured.  We  will 
now,  for  a  proposition,  suppuso  this  statement  to  be  correct  (although 
Capt.  Cirty  in  this  reHpecl  by  no  means  corroborates  Col.  Prince,) 
and  take  ft  side  by  side  with  the  Colonel's  answer  to  my  17th  ques- 
tion proposed  to  him,  in  which  he  says  that  he  knew  of  no  other 
island  nearer  theschooner  mentioned  than  Bois  Blanc  which  he  sayH 
was  seven  or  eight  miles  from  the  schooner.  Then  allow  me  to 
turn  you  to  the  maps,  where  you  will  find  that  if  one  place  himself 
on  the  icc  ore  and  a  half  miles  from  the  Canada  shore,  and  nine 
miles  below  Ami.. rstburgh,  he  will  be  somewhat  nearer  one  of  tho 
islands  called  -  the  Sisters"  than  Bois  Blanc,  or  else  maps  are  not 
to  be  believed  !  ' 

While  wo  find  that  many  of  our  species  are  apparently  less,  none 
are  more  than  men,  and  the  wisest  head  is  often  in  error  and  mis- 
taken ! 

Then  although  tho  two  gentlemen  who  have  been  adduced  as  wit- 
nesses against  me  on  this  trial,  swear  positively  to  having  captured 
rne  withm  one  mile  and  a  half  of  the  Canada  shore,  I  urge,  may 
they  not  bo  mistaken  in  that  point,  as  well  as  in  the  other  facts  and 
circumstances  testified  to  by  them,  and  in  which  thev  are  clearly 
shown  io  be  mistaken  ! 

Their  assertion  that  I  was  taken  within  nnn  nnd  n  T,«ir  r«;L 


of 


the  Canada  shore  is  but  the  expression  of  their  opinion  of  the  dia 
tance,  based  on  no  fact  whatever  that  can  be  relied  on. 


t(l 


h  m  no!  ni»\v  Hi'ortiitw  V  loi  WW  linlhiM  l\i  ili'liuii  voii  in  rniiviH- 
Hing  il)«'  t('^ti»Mt>»«\  mldun'tl  on  Miic  iiinl.  H'tliiH  is  n  iMiurl  iiiMiilnl'il  Itv 
\i\\\\  whii'b  i-itolx'  ^iniMMiMhM  iN  ilci'isinn  In  lie  •oiiNliluii'iJ  lmv> 
n(  iht>  Irtntl.n'i  I  h\iM»  ii  io,  luul  i'^  mnv  i|ii|t(Ki«i|  tn  vniii/hsuru  In  mu 
ilu' pv»MU\f«»'  n»iv«U' liv  r»>l.  I'liiUM'  ni  ihumtJiniMil  of  inv  ini'Mut,  Of^  lie 
lni\\«p|l' bnw  li"»lini>il  u\  vtMi  "  tliHi  i  Mlunilil  Iium'  iIh'  riill  hriMiIll  ol 
Iho  Itnv.  Hhil  mImmiM  nnl  i»<  ilUhvnlitl."  Il  will  |io  munn^'ly  «ii't'r'««(^iviv 
t'ov  H\<'  !«>  uvm' lo  von  ihul  nil  m'ls,  »MnMHni«ilnM»u'>n  ui  inrlH,  u  Men 
hrtvo  l«M'h  hi'UMlniaiiotl  lo  yon  in  t-vnlrnm  im  linvinjt  (iiuiwpii'oil  in 
lh»>  l'ni1iHlHln<<»mnlv<ynnil  \\\\>  linnh  oCibis  Phninnu  wtv  nntniilnintn 
hons  nn  il  will  ioimuIVmiI;,  ««.( |\^rtr  Io  von  tluU  i'  wonltl  l>o  llio  lu>i,",l>l 
ol'  iniuHlioo  fv>  M\o  to  chiu.','  Ihn  iv'fHf*' ol'  iliiw  trial  to  Iho  I'mlctl 
Strti»«s,  \\  hiMt' vonr  pvoroi?-*  Toi  NvilHt>MHr«n'onl(l  not  ro»\i'li,  niul  il  il 
oouM,  il\is«'on»l  hi\Mt»t»  fngrif  rutffivrttv  l<»  tnl<<^  w^niv.mu'o  ol  nois  ul 
\\s\\w  (Uino  ill  tlio  rniloil  SlivtoH,  lo  whom*  Inns  I  tun  .ilono  ivsptiii/«i- 
Mo  |||»Mvlo(.  or  tluH  you  will  ii'jn'l  •»//  (he  ti'titi/nmti  wliit'li  iIoi'h  Dot 
n^lt'v  <linMMlv  lo  tlu'  »ntitliM'<<  onniioniMl  in  tlu»  •»  flungo/*  u«  wi'll  t\^ 
tlmi  winoli  ^'d'ors  lo  i\iiy  ihmg  w  hu'h  Irnnsincoil  '".|",»n»  ilio  "  m'l" 
niuI'M'  xvlucb  \\\\n  oonit  Is  orgHulr^il  wha  |hihwmI. 

'\%>  HrNtpnvtt^rih*'  oluufji'HiaffMnMl  nHMillcgi-^  iluil,  I  kid  ••  n  riiiwrn 
ot  tho   \'nthMl   SloU's   ol'    NHVM'ii'n     iiinl  ilini    tlio    I'liilotl  Hlalfp  ol" 
\n»iMi\'rt  in-o  «>v  wor'Mil  po!U>r  Willi   ilu*  I'niiol    Kinfviloin  o|"  ({rtui 
Onliuo  «ml  livlmui  ■■ 

'V\\{\\  \  nnin  oitiwMi  oliho  I'liitod  SioUs  iv  MnilioiiMilly  pioveil  by 
('v>l.  Triiioo.  Ho  liming  tOHiiliod  ilml  r\l  tlio  linio  »»!' my  t'npHiri«  I 
HiwA  "  wlml  <lo  voii  urtiit  wo  iii-o  Ainoiiv'ioi  oitivoivf;,  Koiii|r  iib^nl 
our  own  l^usuu^ss  f"  TIuih  my  oilivtMisliip  i'<  Inlly  r»liililislu'(l.  Unl 
\  \\\''\\\  ih{inlionM«  any  pvool  hol'ovo  iliiw  I'onii  -or  an\  logal  kind 
w'lmunov  ihrtttlu*  TuiitMl  Slalos  ami  Uioin  lliilnin  an*  al  poadt>— 
•^ooivh  voui-  uiiuuk\<s  '-<iiul  you  will  (iu<l  mo  oonool—  vol  lliaftlin 
(WO  ooimlrios  aix^  al  pO{u^>  \n  part  of  \\\v  oluirgo,  il  is  ono  td'llio  I'ioIh 
(hat  nuiM  owsi  niordor  to  inaKo  \ip  the  \»titMu  o,  liy  iho  piovi.Hiuniti  dl' 
llu»  ft,'t — {\\u\  «hont'oit»  It  \\\{\h\  \\o  pmvml — it  muiuol  Iw  iiilbioil  hy 
tho  otMirl.  ITlho  two  ^^^^mt^i«»B  woroiiot  at  piHioo  lliore  ooulil  ho  no 
\\tlvn\v  uu*loi'  tho  aol  ami  may  th.Mo  not  havo  hr.Mi  a  tlocia ration 
ol"  Mj^rlu-  ono  ol'  tho  -»>iininos  agamst  iho  oihor  on  tlio  tih  ol  iMiiroli. 
the  day  ot  m\  oaptiux'.  aiul  that  I'aot  iniKnown  lo  lhi>  ooiirl  al  thiH 
tiitt*.     I  oulv  snggw-^t  what  tmght  h«?  for  your  oouHiiloialion. 

It  is  i\\\A\  osMhlisoil  inlo  vM' law  -that  all  thoso  laelM  «uouH«ury 
to  h«w  o\i>vttMi  w  oj\lo»'  to  oou^nl^.{o  oiio  otU'iioo—aiul  which  uuih', 
thorolon^  ho  ooutainod  ami  s(M  out  in  tho  chavgo  must  ho  pnncd  ! — 
riu4»  hoix*  IN  an  important  <lolVvi  m  tho  pvoornndor  tho  ohaigo— as 
It  is  dmwu  up  ifa  clreirgv  \[  m\$\\\  b<s  ternuMl— and  no  inlbrotK'o  t-ao. 
supply  It. 


M 

Uhnil     llini'r.  i^    if   Ciilllf**  nC  .-vLIimi-m  ff|MlJn/r  in  M<i|/||,|j«|,  nnV  ,UM' 

".f""""]   ';;;;'-»""iif Him  ...mih   ,|im,.hnM  fM.|Mi(Ml  i,,,!  rrUn\tm\ „,- 

jlicMctMllM  IMMiniiirtnlin  h(.||^i.i|j|n.|  Jrni  rivil  ...hm,   «,r>(,.  4IMI,  J,  H|«.- 
klM*      A^Hlii  f.v».|*y  iiiiiImiImI  iiihI  r.««M,tinl  Mllr.^Mli/,n   ruMJ  ov»«rv  rli- 

•'"'"*'"' l'"^''H|.lh .(ifw  l.lMnlifv  mii«l  l.n  hrnvml  ri.i  Mfti.».%».,Mm7 

«<iiiin'  milliiifily.  •       '. 

llM.    |..IM.,il  my«M||   ruini.  nlMHIf  ||„MMI||,,lMV..rHf.,,M,Ml...rlM.(     „f  N„ 

jm.lH    h.  Will,,,,,,  l.voM  ,\1,.Kr.n/i,,  m.mI  oiImh.,  .M.l.m.w,,  n.IiL.m  nf 
'";.  "'"";"'."•  M'M-Mfv,    nl...  n..,..»I.MiMi..l  ll.M,.Mf„M  Nr.vy  (U,,,,!  , 

utiry  lii'tt.  • 

■'"'"'  ''"'^'  """"M'*  •••  |nnvlh,r  i|,i„  ,,Mcf  .,('«Ih.  •' ,.|,„ mV'  mi.,hv  ll.». 
";."■ '•";'"""•'••  l"M-.-  I.v  (!hI.  I',.|,„.n,  „«„  wi(mJmoM,or/uwl.,m 

0  ..MP  n.lnn.M.m,  ,„.nl..  I.y  ...n     u  hornn  I  flm.l,  if  j.,  .„i,|  |  ,„|„nfNM| 
'•"''  '7 '  N.»vy  ImIm,„|  u...rnw\  ii,   .oh.immm.I  U,  U.nnrnl  V„„ 

1  PIlH.nlMrM',         |,mI  f|,M  ,,n|...r  l.nM„  |„,n,l  ..vid^nrP.     whirl.  I  0nuinw\ 
ilUMMnHf.   .nlMMMnut  prnvMino  In  Imvr,  hr.nri  joim.lto  nny  nl    Mf.r 

<»»!  Ihn  .Mn.«  f.^Mniinnli.M,  uf  ('n|.  |',.i,„.n  i„  I.jm   nuowrr  U,  ,nv  H.l 

.1.M..I10,,  |,ul  In  l.iM.  (i,|M...  h,.i„K   r...v,l|M,|  MCfnr  ||„.  ||n„„n.(,|n  Lhr, 

Mr«(,t,i,l..v   lui.l    Im.hi    MvninniMl  CiNiirio,!,)   |m  wwnnn  ftmf  „(  i|,n 

•  m...    ..I    I h.  ,.VMi,.ih..(m„  m,.h|.o„   Ml-  rH  Arr,hrrM(lH.,-i?h  rn.  flm  »,|  of 

^  n,v|,  hM(  ,m.(     ,hnl  I  «m..I   •'  I  |,„.|  („., ,  Nnvy  U\nu,\  will,  Vru, 

lr.m«.-lnn.-  nml  M,-K.,,.i.,   „,„|  ,|„„  |  wm«  ,n..niMh,\  or  .li..„Mr.l 
nil  Nlvy^hhl;;!.""' •'•'''    ^''•'-"-•-"-M.'<'<'inKnM.ir^t„.o 

AimI   in  M.mwrcin,»r   (,,  „iy  lu-xl  .|((...(inh  (n    tim  MMfnf  wilfin;,^  -J,n 
miy«    tjmi  |  m..i.m|  nl  II.p  .,,..1...  tii..n     •'  ihtif  I  l,ml  hn,.,.  un  Navy  h 
nnil      ••BPnnn.l  in  rnmrimnd  iiihI.-c    Vnn  I(piifl«.n|r,nr,"  /uid  "  (|,Mf  f 
iml  !..{>  Ilin  I^Imm.I  on  of  rihcMil  (Iip  Wih  nC  Dc-rnniLpr  Ir.Nl."     M„l  fl,i« 
h  no  Pv..|..n,H.  ill  Mii|.|,n,(  off  his  |,ni1  oj'thn  rhnr^n 

;;.>!.«.  (Jlrtv  liPin  nl.o  (PHlidPM  (hnl  I,.,  wmm  prP:..,i(  of  mirh  n^nrni- 
"»"""•  »M.hhMt  lluHl  MiliMiflPii  !  wMHon  Nuvy  hh.n.J,  «m,on(l  in 
«M»ininiiii<i  iind  h'l^  h.  -^  '  '" 

T\u.  i«  Mil  (hn  (nMliinony   „,|,I.,p,mI  on  )hn  prirt.  of  tho  pnmnr.ifion, 
♦'•'"•'"'•n   >lmi  pnri.nii  nl    "   ,..1,,.,^.   ngninMl  mP,   llmvp  mimpd  rii 
w.PiiiP,    in  onlpriinlil  up  romp  In  Ihn  iPMimony  of  IVfnllhpw  If/,vf3^' 
mni   wl.P,-m«    ihi«wilnP«Nn«l«n,l.,   p|.p„n„P.   wn«  inlmrlinn/on 

m  ir.i  o  r  i;;''7"""V,'\'r  '"^"''Pvn««  pi,rpo.n  of  f,«,«bll.hing 

«»"   P'Hlol  Ik.    -rluu'KP'    I  hnyp    |n«l    nnrnnH,    (  will  noH'   nUnmiH 

10   r'nnvn«N  hiH   tPMliMiony,   f.n.l  hIiow  von  whni,   jn  my  nninion     it 

nmonnlM  lo,  «m  wpII  um  wi  ,(  polr,r,M  Ihn  wilno«f.  hf.^  cnrric*,!  oirfmn. 

I  n  < '  N I  u  1 1  ( I . 


fta 


HMuHi  "  M«tflunv  Huy«'N''  tm  his  iljri'cl  oxniniiinHnii,  hnn  swoni  lli.'tf 
ho  went  upnii  Nnvy  IhIjiiuI  on  \\w  'ilst  nf  lUMMMultor  lust,  whore?  \\r 
sfiw  W.  L.  M(!K»in7.io,  myHi'li'iUul  Mr.  (Jiuhitm;  who  told  him  ho 
cnino  JVom  New  Markrl,  it)  I  pixT  Ciimda.  ThtU  hr»  Maw  moon 
Navy  Isliiiul  (Vom  the  '21st  to  tho  *iOlh  day  of  Doocmhtir  last,  that  I 
was  ihon  in  iho  oapiicily  of  sciMind  in  oonnnand,  that  I  was  Mriga- 
ihor  (tcMU'ral,  (hat  ho  k\\v  mo  hmvollie  Island,  hut  is  not  positivft  of 
tho  day — that  I  wore  a  sw«)rd  hnt  no  unifoiMn,  that  the  proplo  on  tUv 
Island  \\»n-o  gonrrally  nrniod — that  on  tho  day  I  loll  th(»  Island  1 
gavo  np  tho  oommand  1  hold  to  Major  Vrorland,  who  tluMi  took  my 
pinco — that  I  nddrosscd  tho  propio  on  leaving  tho  Island. 

llcM'o  I  nnght  havo  passed  this  witness  willi  porloct  salVuy*  as  hi' 
had  not  tostifiod  to  ono  fact  oontainod  within  tho  "ijhargn,  '  oxc(?|>t 
that  1  had  hvvu  on  Navy  Island — lint  that  I  had  dwmod  itpntpor  for 
mo  hy  pcrniivssion  of  the  oonrt  to  pnt  him  npon  his  cross  examina- 
tion. 

That  I  was  on  Navy  Island  a  few  days  in  the  month  of  Doccmhcr 
last — I  have  never  dispnied  or  denied,  hut  I  do  njost  solemnly  (iony 
that  I  was  the  1*0  ever  joined  to  any  of  Her  Majesty's  snhjeets  •*  who 
were  then  and  there  t-  ..h^ronsly  in  arms'' — and  I  challenge  aay 
proof  to  estahlish  such  a  fact.  I  was  only  joined  to  (Jenoral  Van 
Rensselaer  who  was  a  citizen  of  the  United  States. 

In  answer  to  the  lOth  (jnestion  put  hy  mo  to  tin'.,  witness  '*  Flayes" 
he  swears  that  (icn.  Van  Rensselaer  was  in  comtnand  at  Navy  Is- 
land while  I  was  tlien^  except  when  ho  was  gone — then  that  1  was 
in  command,  and  in  answer  to  my  llth  (jnestion,  he  swears  that  he 
nnderstv)od  (ten.  Van  Rensselacu"  to  have  hecna  citi/en  of  the  United 
States.     There  is  no  proof  that  he  was  not. 

In  his  direct  examination  "Uayos'  has  sworn,  it  is  trne,  that 
W.  li.  McKenzie  was  on  Navy  Island  while  I  wastheve;  hnt  in  an- 
swer to  this,  1  say — you  can  lind  no  jot  or  tittle  of  evidence  in  yonr 
nnnules  that  the  W.  L.  McKen/ie  seen  then  and  tliere  on  Navy  Is- 
land, was  a  subject  of  Her  Rritanic  Majesty,  for  no  suoh  testimony 
has  been  given  or  hinted  at.  It  has  not  been  testified  hy  any  witness, 
or  admitted  that  he  had  ever  been  in  Great  Uritain,  Upper  (^inuda, 
o\-  any  of  Her  Majesty's  dominions. 

''Hayes"'  has  also  tt  stilled  before  you  that  a  Mr.  Gorham  was 
there,  who  told  him  he  came  from  New  Market,  in  Upper  Canada-- 
and  that  he  then  acted  as  Aid-de-t\imp  to  (5cn.  Van  Renssalair,  now 
Mr.  Gorham  having  said  ho  came  from  New  Market,  UpperCanada, 
does  not  prove  iliat  ho  was  a  British  subject,  for  he  might  have  come 
iVom  New  Market  to  Navy  Island,  as  it  is  said.  Yet  still  he  may 
yisL  have  been  a  citizen  of  the  United  States,  or  some  country  other 
;han  Great  Britain,  suppose,   however,  Mr.  (4orhum  had  told  wit- 


ill 


," 


nos«  liowfisn  mW\v.v\.  uC  lltr  Utilaiiic  MnirNiy,  ruid  liis  linving  sni*? 
HO  had  been  ollbrnd,  to  lio  prnvf-d  l.y  iIiim  w'llnoNs  miicIi  l<!«liiiioi,y 
would  1)0  in«diin.sHul)l(!  nol  linviiig  Uvvn  mv\  in  my  proHonco,  ninl 
lioing  tho  niorc  Mfiy  m,  lA' a  lliird  pmKoii.  Mm  Buppdwo  Mr.  <toiliuiii 
Wfison  luFilrinl  insfnnd  <d*inyNoir,  pmurilmt  Ik;  lind  »UiUu\  liiinscll"  to 
bou  NubjoctofdrriU  Mrituiii,  would  be  ^o"'' "vidcncu  ngniiist  Jiim- 
snlfortliiit  ln(«t.  but  nol  MH  toniiotlicrj  nik-Ii  i«fi  Hoiilcd  rido  oi"  biw. 

lunnswor  lo  a  (piuHtioii  put  by  llio  cojiI,  tbiH  "  llavcH"  lif»sHW(.ni 
timt  'Mlioro  worn  iVoio  forlv  to  iiliy  pr.^srnt,  wbosn  imtmiN  be  did  not 
know/' wboriiwi.  c-bk  iindorslond  wcmp  Hiitisli  8nh|.;cfH,  ilmt  uiaiiy 
ofthoni  told  biniso,  luid  be  budoppoitnnilios  oCconvorHing  witb  thoin 
and  linH  no  doiib:  oftlHdr  btung  UnUnh  HwbjoclK. 

Tbcro  nro  Jwo  Ingal  niotliods  <.{'  |»roving'tbo  subjort  or  citi/.onHbip 
of  individuals,  it  may  be-  pi(»V(>n  by  wifneHscs  wbo  oau  dnposo  to  h, 
kiiowlodgo  ortbo  individuals  birlb  <.i-  nalivity  -or  il  may  bo  dono  by 
abowing  tbat  dm  individual  bad  roNidcd  in  tlio  counlry  oi' wbicn  il  is 
ullogod  bo  is  tt  .sid)iect  or  citizen  lor  a  tinjc—iuid  tbul'bo  wuh  tbon  re- 
ported a  Hubjert  or  oili/.on  oClbo  country— und  bad  exorcised  Ibo  pri- 
vi!';!ges  ol'  Hubjeet  (u-  citizen. 

'Ibo  HrHt  Knowledge  ibat  iw  usually  acf|uirr(l  by  ibo  individual  of 
another,   is  the  name— ibo  charaeler  coukih  aflorwards-^and  let  me 
ask,  what  knowledge  coidd  this  man  have  of  tbo  obaracter  of  men  of 
whoso  nameHhe  was  ignorunt— -bow  was  it  posHiblo  that   bo  should 
know  any  persons  were  subjeots  to  Croat  Mritain,  b(  do  re  he  had  first 
learned  their  nan.  s;  but  be  says  "  they  told  him  no,"  now  siipposo 
they  did,   it  is  but  the  mere  statemonts  of  third  persons,  as  I  beforo 
have  said,   and  proves    nolbing   here,     '['his  witness    has  said  after 
having  the  words  put  in  his  nioufb  by  the  Judge  Advocate  '•  tbat  ho 
bad  bad  «>pP'^''K"ili'J«  o'"''<>iiv<'r,sing  with  Ihem,  and  had  no  doubt/ 
their  being  IJritisb  subjects.-'     The  rule  of  law  as  I  have  beforo  no- 
tod,  IS  that  the  best  evidence  tiio  case  will  admit  of  miiHt  be  given.     1 
have  called  your  aflcntion  to  the  two  modes  of  proof,  of  vvhich'tho 
case  admits,  this  isiioillier,  and  is  no  pio(d*in  law;  it  is  [irofes.sedlv 
the  men!  opinion  of  an  obscure  individual,  based  as  witness  sav-s  it  is 
on  the  slatemcMitH  of  third  persons.     It  is  a  rule  of  law,  as  1  have 
beloro  nutiarked,  that  statements  of  third  persons,  can  never  be  giv- 
en in  evidence  against  party  on  trial,   who  is  not  proven  to  have  been 
present  at  the  conversation— then  certainly  an  opinion  based  on  such 
statements— cannot  b(!  evidence  to  prove  a  fact.     If  a  rule  be  esta- 
blished to  admit  such  testimony,  whose  life  shall  b(!  safe,  and  whoso 
liberty  vouched  safe  to  him  ?     No  man  thereafter  shall   be  able  to 
control  his  fate.     Fact  nro  things,  that  can  onlv  bo  cstablishcdhv 
prool  oi  positive  knowledge.  "^ 

Witnesses  arc  permitted  to  slate  fads  ulono,  it  is  tbo  province  of 


n4 


•miy  »»iir»*p|»ilhM  U)  till*  nilp  h  in  ••n«^i*  hI'  ^njoMiifU*  wt^n,  tvlin  tnr«  nl 
lrnv»>il  !>>  i^iVf  »»vitli'firt'  ulthnlv  Mpininnx  itf 'n'lfMirf"*  nil  innffr-m  rrm 

»>vriviMl  Mt.  I'vnm  (MHurM^lnn  with  ni<»Ht»  10  lU  no  lhilivliliini«(,  <vliii«>»' 
nrthM>s  \\\\^  Ui!»lr«»^  ili?l  ht^t  Kiunv,  hr>  hrl«»  fnlil  m)M  •'  !)>•  llMtl  Mn  ilniihf 

f.s  liiMi.    \t^^\  \\\\\    \\\\\\  \\\i\\  ihi«<  tMiin  hni  ti">li(lrM|  in  ((i^  hi»viii)tt  •*"•'♦' 
r^^rtii^nrMJ  l>y  <%>!.  Kivbv,  '''»!.  A1i'INnl>,  mul  m  innginfintf  .»!  rliippr 
XVrt^  t\\U\  i\p  il  rtpiuMtv^  r»^Ml<  Ihnt  timt^  u^  lhi'1,  hi'  hrtn  fhiUitlhr^il  «  p»M- 

ptT>pts«»r«l  l>\  nu*  tn  him,  v^u  tvill  I'liiil  ht«  hn"'  mvmh  "thnt  lu*  tliil 
n«»i  hn^^\v  nn  \0\rti  I'lungt'  he  \vn^  fhi'n  i-inWlrn'il  Thi**  \vUhr«sN 
MtmM  «oon\  t»>nthilMt  nrt  t^xniunrliHrtw  Mt'hif'h»'««^  in  ninitPt«  nnim 
j>i>v1i\wt  ntor^pl  An  fi\  (MhfVs,  whiln  hr<  HppnnvK  mi  rtft-MMirHnni V  <lnll 
in  ot^i^^irtp  h\  t^oMnnninn*  in  ni»ni«M««  rtll  iiiiptMirtnt  U\  hiniofir.  P(„,|| 
i<  ^i»  "^rtiiK  iln<5!  «'o\«v»  hiMirMi'^  tl)i<  \vifnr'««>,  vvlii'n  h<'  ii>lh  ihctn  li'»  .litl 
nt>f  luMUv  <>ti  whrti  rhnvgr  l\i<  stonM  connniitrit.  If  not,  thru  iMunn*! 
Ihf   a^i'^^^f^vrtl   vn!»»-  if  Uu>  \vitnr««  hns  fi^'iKiiMl  I'nl'^rlv  in  rphiiion  i«» 

rttlt^  ftMvi^  hi*  i*  «»H  h^  Im  hr^lirvinl  nn  Any  |mH ttml  Inf  nir«  rtsl<  yn. 

t?fnHr>n>on,  if  ynn  nnilil  VM  m  nWMiir^nt  i^r^  intlnnnf  fn  pnt  inn  in 
iiM^pnriiv  npon  ih»^  ilonlMs  o^s^^  donhirnl  fi  \v»tno'»^  m^  ihi<  '•  IMntthrW 
Urtyt^j*''* 

iNrt  A  t^itr^sliort  pnt  by  tllP  ooiul  in  ihi?«  Uitn'^si^  •'  Hiiyr^!*"'  whnlhrM 
ho  \v««t  nxvniv  thrti  \hr'\v  wrts  »\  Vwvisitinrtl  (Jnvr«vnntrnu  t'sttiMiohtMl 
<in  Novy  Nlnml.  j\n<l  '!('«">  uhn  \\r^\'^  \h^>  \\\r\\\hi^\n  ol'thnf  «M»vi'»Mt- 
nioni  ^  Ho  s;\\i»rtr<«  ih«M-*^  wns  n  "  pvorlnmmiinr"  c\n  thi*  hlund,  r»<» 
trxMishinj};  n  r^vt^ionrtl  <nmM'nnvnM.  nn<l  ^^>KrMl?,i!»  wiis  rhnitinnn 
^^f  it  pm  itM^v  Mn!  hr»  «'onM  nT>f  «i«tt^  thrMinnu»  ol'nny  (^(U»mm'  Cniin 
injj;  thi!«  l^^ViM'nnii^nf  rtll  ihnf  ho  «*onhl  w\y  Wrt««  ihni  Mw  Mv\\our.\v 
m-jSs  rt  ohr\i\-m.'\n  nl" «  oomniiiio*'  who  TrrtonMl  n  *«  proi'lnnMiiion."  hnf 
tho  ohjivt  of  (hat  g^nornnipnl,  il«5  powoi-i*  <n- ('on«?liinfi(>n  wnvo  nil  nn- 
Knoxv  tt>  hin>.  Why  i*  not  tho  "  pvoolnnmnon"  p»-oilnr»rMl  ''  I'm-  nil 
fhf*  t^t'niH  K>j9^)ly  Know*,  it  \vn«!  ji  p\Y>olnn\ntion  in  ohotlirnor*  to  wnnir 
iSNmn^!>n(i"^  \>«m«N<  ('i»m  tho  r<^\<v(ni\i(^  of  *hi;?  IVovinof*.  Tho  vnlns 
o',Vvi(l<Mi<»^  i-ot^tMiv  that  th<^  pnpf^r  !«!po|.  -  ,  thn  •«  pr*v'lntnali»>n."" 
shiMihl  Iv*  pwtltu^otl  or  its  nhwM\oo  rtooonnnn  foe,  hotmr  •tfM'omlavy 
'^\i<*o>'i<^<'' Af  it««  <*t'>iit<'nt5  <*onM  h»*  ^-ot^t^ivptl.  Now  this  nttomp!  tn 
\>to\^  tho  ovistfnoo  ot' n  rrovi«!iv>nal  <?o\t»rnniont  on  Nnvy  Ipland, 
M  hilo  1  \va«  thi^iv.  own  it' in  th<^  hands  <^rofhors  thon  (»nhjooi!«  «»1" 
Hov  M(\tO!si\ .  haslHvn  !»<>  «Vnitlof6«:  it  noods  no  (nrthov  otnnmoni  tVoni 
mo.  Hy  tvioving  to  iiis  to^;tlm^>ny  on  this  pontt  \\\  youf  niinnto«,  you 
t«ci!l  mi^t^ilv  c<M'»io  to  th^  t*onoln«!ion  tbi^t  no  snoh  "  Pwvisinnhl  t^Jov- 


nn 

"nininnr  ujihlnil  on  Nmvv  l.ifUMi,  uw\  il,,,!.  wink  h  ...IviMB  om  fI.h 
^.il.i.M.)  l\|MlM...,v  IImvr^  hwnv  not  wlmf  li«  wn«  fMllun|^  n\uuu 

Mi.M  wi(fi.„.  «.  flnvMN"  l.riviMg  »,.M»iMM,|  ilM,f  |,rovi.M(n„«  iv^r,. 
'hu.irM  (,o,m  tl.r.  ArMMr-lrnn.hnm  »m  Nhw  hlr.f.,1  l.y  ^lm^rU',1tm 
"'hM  f1M,Mli«,N.  In  IMV  IIMI,  ,,,„..(iMM  (.rnpoHMH  IM  hi,,,/  I  M^h.wl  |,|f,f 
•  «httf  (.H..M(liMn«  UtnunUi  (MdViHiMMH  tn  N„vv  |..|„,„|,  whilN»  |  WMH 
tM«rR  r  to  thiH  w|lMn„«  Mf,MV,„...l  "  (Lmj-m  «-»«  nflM  MH  'nfly  MfMl  nno 
»"lm(  o,,,,,.,  ul,  ,  ,„.(,„l  „^  l,Mf,(M.r.M,  n.i.l  IVf,.('Mr(l.v  l>.lMf,««r|  fo  ihw 
Pnopln  „l  Navv  ImI.umI,  m.„I  r„„„Mr  hM|nr.«,Ml  fo  »>„■  <  „roli„p  «|r.„,„ 
himtphHiMhl  uH'm  UUnnrU-  New  J,.  i\m  »riv  |...,of  ||,„i  .Hn 
IV1n(..i.lhy  ts    ^  mil.|rK.l  oC  \\,n  Htiintm  (V|,ijf.Mly  »      I    -ir^n  l||,u  it  j.^ 

To  liv  il,  Cnnn.h,  or  !„■  n,,  |„|,„l.itMMt  nlOrrnM,!,,  wn.iM  f,r,rt«tU 
"11,^  .ui  i.ulivi.luttl  M CnnMrli,.,,-.-  |„.,i  it  ,|«h.«  „n»  I'ollow,  tl„.(  ««  n  rnnU 
"•'•  '•(  rni,r«.n  n  f  M»,ruli,t.i  Ip.  „  M,i(i^|,  «„|,j,.,.,.  A  CMr.Mrli,,,,  i„  thd 
'•«»MM.ini,  ,»,.,,Mmfrifi.,n  „(  Him  fnrni,  in  nllmi  i,lli«rwi«M,  a»  in  0,«  r.««r. 
^n(ll  thiM  yri  ,„f|,v..  ,,(  whnni  I  ImvM  ff.^  n,o«t  mHtlimhl*.  Inlf.rmM- 
tton,  l!mt  liM  w,.s  „  niKiv..  Umu  rifi/,.n  ..f  H„,  ('nifnl  HfnJi,»,  r,f  Oaw- 
.ml  .MMinty,  IV.uisyJvnniH  ;  w|m.  I,.,,!  (|„.,..  I,n,.n  «  « '«,,fnin  of  ||,o 
Vlilifin  nl  Im.iiHylvMnIn,  hii.I  wlir.  fJiM-.^h  l„,  I.M.Ihnr,,,  n  io«i.|r-nt  Tor 
HOMmyi.wr«in  l)p|MM' ( 'anmln,  Urn  nnvnr  hnnn  n  niiU]wH,nhmt 
""hnn.  M  l/VfH  mIImmIp.I  (Im,  „r,,.,.«„„ry  Omr.  nmlo|',i,nr((.i.ilv  t„ 
tMo-.iiT  ilm  witnn^s,.«,  I  ,.o„|,|  prnvM  by  poNifivf  fM«»ifnony  wl,«f  I 
IKM-,.  Him.Mn  iplnlion  t..|l,i»  Mr.;(  la.lliy  •  l,nf  nurU  n  ntou  i«„„l  ,„h.1« 
nenucNMry,  Im- hon.  tim  iimnripi- (.(lii^  tH,»»i,nonv  it  i-*  pvi^lfnt  tl.ii 
vviliirHs  kntMv  iiotluiie  nhoiil  (hJM  M«>( 'nrlliy. 

^  nil  will  iHMc.MV'.  i,y  iMlnriii^  |»,  l|,is  w\Uumm'»'  «n«wer  fn  Ihn  MOJii 
'l>"""t"n  I  |.mp.,,si.,|  In  l,ii„,  |,M  HW,,»lfl  OM'-  U„«..r*  l,..|nnBM.I  In  (;«!,- 
•"•'»•  '•"  '"I'l  iH'm  Ik,  wm  fVuni  (;i,i(.,„,WH  in  llj.p.n  ('runuln,  niul 
''"'"  '"'  *;""'    "  '  '"'vn  U,  ncl.l    I  l,„vo  n„  ImnwinH^,:  rnyNMllor  whaf 

"IV  y  '"'  '"'^  ,"  ":*"^"'"     ^"'v  if,    it  inn  nvifli^nt  timt'  thin  wifi,f,.,H 

^^""I'l  l"«v-  iiin.h,  th.)   Huinn  HxplnnrttioM  in  rrl«liuri  lo    McUmHIiv  if 
ro(jiK'si((i.l  I  • 

A^nm,  lui,;  ^■ih.ir  M,.(Jhi|I.v  n,  lU.gPrN  R«3(iinlly  hnnr,  «nbjm:t«  ol 
I  .M-  VI;v|Hsty™wlii.:li  I  .l-niy- Ihein  i«  mMt,«li,nonv  l^el'Tf  tl.i«  r.M.rt 
il.nl  I  ui,nv  tlinl  h„.^  oi  ihi.tllioin  wore  luiy  cir.:nm«lHi.r«R  ||„ow/i 
•HoniHi  ...ih.M  nl  tlin.n  -ni-  nnvnllifMH  who  l,„vf,  I,.,.,,  Mr.mn.l  „. 
Hnli«li  Hnbjonhur  ( ..um.liuiKM,  whnifbv  I  or.iibl  bnvn  known  thnf  Ibov 
wn.e  such  «.,l,|«i.t.  Tb«t  they  were  or,  Navy  U\nw\  in  nonrooCor 
ilu>  l,irt-lor„f,  ,1  ,«  i„  ovi.lon.-r,  bdoiv  thin  courf,  by  thn  sliowinij 
"M  tl.u  purl  ul  Ibu  pioH..,M,lion.  Hint  ..„  Amnricmn  r.tizon  WHh-  in  .wn- 
'.mn.l  nl  JN,,vy  IhIuh.I  wliiln  I  wits  ibero--l  an  Amnrinan  nifzon 
wiia  Beco»d  ,M  comnaoaUuii  AiiH-rican  fiti/-r;n  was  ibir.lin  mm- 
MMiM.I   -au.l  llini  the  |.iinr,ipnl  pail  nf  the  peupio  who  woro  Ibere  on 


M 


I 


lh<'  Islniiil  vvfin   Nmrrn'unrilizi'iiH,  f»rwlu>m  I  was  i»ihs  IiikI  aNHiimml 
Ihc  tiuthoriiy  tluMUHnlvPH  lo  gn  on  Nnvv  hlmid. 

'PIhmc  ihiMi  |^t^•v«>^v  tiuf  mill  shntlow  ol"  piool' which  hiiM  hftMi  nd- 
«hi('«Mi  r.n  ihiK  trjdl  to  t-stiihli^h  ''Mmt  I  wus  <«vor  iciiH'tl  to  any  of' h«ir 
MnicHty'.ssnhirrtson  Niivy  hlnid,''  t\n  I  am  ••hingc^d,  nnd  which  hy 
n  h'gul  or  fiilionul  conntnirtioji  ««  proof  or  tr'stiiimiiy  must  hn  nc- 
knowlpdp'donliiH'iy  insiiniciiMit  to  nsuihliih  this  pnrt  «d*tho  "chHrgn" 
upon  which  I  nil)  (ivrnipncd.  I'or  I  t\iii  not  to  hclicvc  (or  n  nionuMit 
il'ii  hn<l  hf'cn  shown  IhiU  I  hiitl  known  that  thi«  "  Matihc  llayoH" 
was  a  Huhji'd  ol  (J real  Hritain  as  ho  Unn  now  .sworn  ho  is,  whiln  on 
Navy  Ishuid,  it  would  ho  hnid  hy  >on  that  I  wnHJoinnd  to  iiiin  willnti 
the  spivil  and  tlic  meaning  ol' ijic  '•  Act,"  when  yon  rocollf>cl  Vv 
testified  he  was  prisoner  there,  detained  ngains'  his  will,  who  will 
say  an  olUcor  or  individual  in  comnmnti  oould  lie  joined  to  a  priHon- 
op  t 

Again,  there  nan  ho  no  sneh  thing  ns  n  joining  lietwcon  two  per- 
nons  when  onv  is  repii    uant  to  the  union  or  connexion. 

To  that  part  «)(' tho  "tMuirge"  against  me  which  alleges  •♦that  Wil- 
liam livon  M<'.Kon/.io  and  others,  acknowledged  HuhjectH  of  Her 
Majosty  wore  then  and  thero  (on  Navy  Islnnd)  traitoiH)nsly  inarms 
ftgainst  Her  Majesty  nt)or  the  I'ith  day  otMannary  Inst,"  there  is  no 
ntlempl  at  proof. 

If  yon  will  voler  to  y<Mir  minntioB  yon  will  find  that  thero  ha.s  not 
heon  onn  item  of  evidence  adduced  onthistfial  showingtlmt  William 
Lyon  McKenzie  or  any  other  person  named  on  this  trial,  or  claim- 
imI  as  subjects  (vf  Her  Nliijosty  the  tjiu'm,  (nnd  to  svho^i  it  has  heen 
pretfMnlod  I  had  heen  joined  on  IN. -ivy  Island)  were  then  and  there  (<tn 
Navy  IslaniJ)  traitorously  inarms  against  Her  Majesty  after  the 
Tith  day  of.Ianuary  last  withitt  the  limits  of  this  I'rovinco  aforesaid, 
cither  with  or  \vi:h(»ut  my.self.  Hut  that  hy  the  evid<uioe  of  the  wit- 
ness "Hayes"  tho  only  one  who  pretended  to  give  evidence  at  all  on 
this  part  of  tho  c'.iarge,  «|uile  th(»  contrary  is  shown. 

In  his  direct  (Examination  "  lluyos''say.s  I  left  Navy  Island  .some 
time  about  the*28lh  or  '29th  day  of  January  last— not  positive  of  tlu^ 
day — and  in  answer  to  my  7'h  <piestion  proposed  to  him — ho  says  I 
was  not  on  Navy  Island  ;  er  the  burning  of  the  Caroline  ;  and  in 
answer  to  my  'iJld  (|uesti^)n  proposed  to  him  ho  .swcar.s,  that  ho  lofl 
tho  Island  on  the  4thof  .lanuury,  nlTlcr  McKenzic  had  Icllthc  Island, 
by  permission  of  Von  Ucnssellaor  ; — and  in  answer  to  my  30th 
question  propcsed  to  him  ho  swears  he  did  not  return  to  tho  Island 
alter  iho  4th  of  .ranuary  last — so  it  is  in  o\idonce  that  McKcnzio  and 
myself  and  this  same  '♦  Matthew  Hayes"  were  nil  oil*  from  Navy 
Island  by  the  Uh  of  .Tanuary  last ;  and  in  answer  to  a  question  put 
hv  this  court,  this  witness  "Haves'^  has  nlsosworii  that  ic  never  had 


iinnii 


r.7 

""•'  I'lt.MPHiH  urn  o..n„nrno.l,  ii  is  „  ,,.,,1.....  .'">'  '''«'"" 

yo..  ,ii...rn,i,i  ,i„.  wi.ui..  Ml   .'''';'•''•'••::'  •'.  hi-'i.-.- 

"  IIH.V.'.."  or  .  I.Hhnr  y.n,  Ui      i^^XlK    K^  '"  ""'   ^^"•"""' 

r"  >-"•"•«".....;,.  .0 r  /i :' . '    :';i.^ ,  .;:;'':r'^  '-''v^:  '•• 

llllKMIV.  '  "    '""''f^<'l    l.'llH  Minn  H  (I'H- 

«t»|»  with  mo  jh  !iiv  nimilciiM"  I    .   I  '"'"  ''®  ""^''" 

WMH  (|„.,v  „M  ||,p  h|,M„i  .    „„,l     I  ;         'V'  .  '">    •|'""(<^IH    Willi.,    I 

"wxl  «oino,m,tnr  I,    '.i  I       ,  '"'  '"  ^■""•""•"•l  ""  «!".  lHlnn,|. 

I'"  Nwcui-M.  I  l.nM  (In.  HI.    in  ilv     '       '  ''"'"""'  '"■"1""^'"'  '"  ''*'" 

"Hid     (111,1   ,,.i  ^vliil,.  Ik<  vv,iH  t  KTf!  nimiuM  his  will  fnu  1 

to  my  '2:h|,,n..Mli.Mi  iMupusnl  h,  hnn      .  ""  «"y«  m  rinswor 

ponnisHion  t.  Ko  f  J    |  ;  |    J     ' '    '^''"•;  •'"vr  np,.li„,|  „.  ,„„  for 

nihM,rhvv---Th'.       wi    o  '"""vviiK  just  and  rm^onuhlo 

witncaswilhloclarothn    ,   f  V  ''"  l"'"'^""n't"'"   t'-nt   tho 

that  ho  is  .Jpuir     •      :    .7^"::"^  -^^         .tman.n.lly  appears 

cannot  ho  parliul  or  IVacti  h  aM'     JlX    r   ''  7'''''\  '"''""'"^^ 

the;^^::;^^  Tzt:::t  t  r ":;  -^/=-""-''-  '-^-  the 

thine  whir.h  «h«l|  M-*  r^-u  .^"'^'^  °^  '°  ^^^'"8  »«'^   anv 

to  be  understood  ««r./  """'  "'  ^^''^'^'"b.   «ora  moment,  1  meant 

understood  a.      desirous  of  entering  into  the  service  of  Grear 

H 


r»H 


I 


Britain  ngaiiist  mv  own  country"— as  the  wimoss  I'rincc  has  said— 
or  "ot'bccoining'Queon's  evidoiico,"  as  th<^   witness   llirty  has  it. 
For,  let  mo  assure  vou  gcntloincii,  nothing  was  further   iVom  my 
mind,  than  either.     I  was  born  a  Democrat— I  was  christened  with 
democracy  in  my  cradle— and  was  taught  it  upon  my  lather  s  kn(>e, 
and  no\v,'aUhough  individuals  may  wrong  iiic  and  treat  me  with  in- 
justice, in  my  feehngs  I  shall  abide  with  my  country  and  her  msti- 
"tutions  until  this  heart  shall  cease  to  vibrate,  and  reason    shall  tail 
to  hold  her  own.  The  only  remark  made  by  me  on  that  occasion  which 
could  possibly   have  been  tortured  into   what  ei*hcr  th(!  witnesses 
Prince  or  (lirty  have  made  me  say,  was  to  this  elFect,  and  no  more, 
♦'  that  to  destroy  me  at  this  time  would  bo  an  useless  sacrifice— as  1 
had  long  since  ceased  having  any  connection  with  those  who  were  in 
array  against  the  government  of  this  country— whereas  to  i)reservc 
me,  1  might  be  of  some  use— as  1  was  about  to  compile  a  book,  giv- 
ing an  account  of  the  recent  commotion  on  the  frontier,  and  m  Lp- 
per  Canada— which,  if  permiitc  I  to  do,  to  the  loyal  subjects  ot  this 
province,  would  be  no  injury,  aud  in  speaking  as  I  did  ot  the  robbery 
which  had  been  perpetrated  agninst  me  in  Monroe,  Michigan,  I  may- 
have,  and  as  I  think,  1  did,  use  some  desponding  expressions  which 
however  amounted  to  nothing  like  what  the  witnesses  have  iancied 

1  have  said.  « 

I  think,  gentlemen,  it  cannr^  be  otherwise  than  apparent  to  you 
that  you  arc  not  here  merely  l  let  and  decide  for  yourselves  on  the 
mere  matter  before  you— but  <;.\nress  the  opinions  ol  a  whole  people 
on  a  national  measure,  and  I  may  suppose  with  such  a  view,  as  dis- 
creet men,  such  of  you  have  been  selected  as  members  o(  this  tribu- 
nal. Then  being  a  foreigner,  as  I  am,  I  beg  you  will  allow  me  m 
the  plain  and  homely  language  of  my  country  to  call  your  earnest 
attention  to  some  of  the  facts  and  circumstances  whicli  have  appear- 
ed before  you,  and  which  exhibit  to  my  mind  a  feature  in  this  trial 

most  extraordinary  !  ,•         i    -     i 

I  am  not  going  now  to  raise  a  ghost  in  th'^  shape  of  a  technical  ques- 
tion of  law,  to  which  "  none  may  speak,"  neither  am  1  going  to 
disclose  or  divulge  a  hidden  secret  to  the  wonder  of  the  gaping  world, 
for  the  thing  is  now  public,  and  the  circumstances  already  betore  the 
people,  and  although  you  may  not  have  entered  it  in  your  minutes 
of  these  proceedings,  nevertheless  it  is  a  part  and  parcel  ol  this  trial, 
and  now  by  no  earthly  power  can  il  be  erased  or  blotted  out— the 
figure  has  been  impressed  upon  many  hearts. 

Since  my  capture  by  the  the  two  persons  who  have  been  produced 
as  witnesses  against  me.  I  have  had  no  communication  whatever 
with  the  people  of  mv  own  country,  or  any  of  the  members  ot  the 
government  thereof— yet  on  the  examination  of  the  first  witness  pro- 


50 

<1ucc.l  against  mo,  if  I  rightly  rocollcct-I  had  it  intimated  to  lue  in 
court  that  a  coininittco  of  my  own  countrymen  had  inspected  the 
Ijkico  whore  1  wascaplurcd,  and  had  decided  it  to  ho  on  the  Cana- 
dian side  ot  tiio  waters  .'-and  on  the  motion  of  one  of  the  memhera 
ot  this  court,  a  question  was  proposed  to  the  second  witness— in- 
qninng  ,  such  acom.nitteo  had  inspected  the  spot,  and  so  decided. 
1  hat  such  testimony  as  the  question  proposed  was  irrelevant  and  im- 
proper, could  not  escape  the  least  discerning  mind. 

Iho  enquiry   would  stand  isolated  and  alone  as  the  merest  mat- 
ter ot    disr;onnected  hearsay  evidcmce— the  unfounded  opinions  of 
unknown  at  east,  and  perhaps  ideal  persons.     To  such  an  enquiry 
(as  expected)     was  ready  to  ohject,  hut  by  this  court    [  was  forbid 
oftering  my  objections  to  the  enquiry— the  court  was  cleared,  and 
the  question   proposed  and  put  by  the  court-was  withdrawn,  and 
upon   my  coming  in,  1  was  informed  by  the  Judge  Advocate  in  the 
presence  ot  the  court    that  the  ,|..estion  would  not  be  put,  ''  although 
the  court  had  decided  that  it  was  legal  to  pursue  the  enquiry."     To 
such  proceedings  1  protested  that  if  this  court  had  ever  intended  to 
put  the  quesiion  proposed,  it  was  due  to  the  court,  as  well  as  in  jus- 
tice to  me,  that  [  should  have  been  allowed  to  raise    my  objections 
with  such  reasons  as  I  had  to  give-that  the  impression  might  not  go 
out,  that  such  a  committee  had   made  such  examination,  and  con- 
cluded sountayorable  opinions  for  me  that  I  was  afraid  to  have  evi- 
dence given  ot  ,t ;  and  that  this  court,  althougii  legally  entitled  to 
entertain  the  enquiry,  had  without  hearing  my  objections  determin- 
ed  m  mercy  to  me,  to  reject  the  testimony.     This  circumstance  as 
wel  as  the  showing  o(  the  prosecution— establishes  the  fact  coiiclu- 
siyely  ihat  these  two  witnesses  who  are  Magistrates  of  the  District, 
into  which  I  was  hrst  brought  after  my  capture-and  the  very  same 
persons  who  mad(.  the  capture-from  that  time  have  both  been  well 
advised  ot  my  intentions  to  contend  and  urge,  on  any  trial  I  might  be 
put  upon  in  Lus  country-  that  when  captured  I  was  on  the  vvaters 
ot  the  United  States.     The  gentlemen  who  have  been  so  introduced 
as  witiK^ses  against  mo  have  testified  that  they  captured  mo  on  the 
4th  ol  March  instant,- on  the  ice  at  tiie  head  of  Lake  Erie,  and  as 
ihoy  say  a  mile  and  a  half  from  the  Canada  shore.     Now,  if  this  had 
been  so,   knowing  as  they  did  I  did   deny  having  been  on  the    Ca- 
nada shore  at  the  time  of  my  capture,  those  witnesses  who  are  both 
.lustices  ot    the   l>eace,  ars  [  Have  said,  could  have  procured  some 
honor-ible  and  disinterested  gentlemen,   who  had  in  no  manner  been 
concerned  ..n  the  arrest,   together  with  a  surveyor,  to  have  went  to 
the  place  ot  capture,   which  could  have   been  easily  pointed  out  by 
lie  track,,  of  the  horses  on  the  ice,  and  had  tiie  surveyor  taken  the 
Clearing  aiM  distances  of  oil  the  prominent  objects  near— and  if  it 


00 


hiul  l)'.>(<ii  Nvilliin  (>ii(<  itiid  a  liaif  iniIrM  iioiu  liir  < 'aii.'uia  slmrc,,  llutt 
tlislancu  or  tituiblr  llir  sanm  imgh!  have  hrm  rasily  vliainc'l  on  llii' 
\cv  iiiul  lis  sn<"h  t\  iilcncc,  tlx'  placo  oraiicsl  wouM  liavt"  Ihm-ii  rs- 
laMinlu'd  Iti-ynmla  doiiltl  !  'roNiirvov  llu-'  ground  wlicni  "llu^  placo'' 
is  lit  iMuu"  111  (iiirstidii  (III  auv  trial  ot  iiuitdi'lanco  ;  is  usual  in  <  ircal 
Hnliiin  as\\(>ll  as  in  llio  (  iiiU'd  Slairs,  and  l;'l  nioask  you,  ^-fnllt'- 
inon,  is  nol  litis  trial  ol"  groat  iiupoilant'o  - -mM  only  hiTaiisc  it  in- 
volves tlio  lil(>  and  lilu'rlydla  Idlow  mortal,  hut  the  luuinr  <d  n 
groat  and  jiowortul  nation.  Thou  why,  let  luc  ask,  has  not  this 
Nurvoy  lu'on  inadi',  and  I  ho  result  [Mdvi'd  on  this  trial  ?  l''iu'  while 
man  may  turn  a  iheusaud  ways  iho  neodio  is  true  to  its  pole,  and 
w  hile  the  eye  may  he  dereived,  the  eham  »an  ne\er  lie  !  and  now  still 
protesting,  that  when  I  was  taken,  I  was  on  the  waters  (d'  my  own 
eountry,  whieh  il"  true,  I  eanuot  have  hcenguilty  ol"  '♦  being  in  arms 
against  Her  ruiiaimie  Majesty  wilhin  this  piovinee,"  I  would  se- 
rious|\  ask  you,  genllemen,  asnienot'  sense  and  honor,  il' you  are 
prepared  to  slake  \  our  own  and  your  eoiintry's  r(>pnlation  upon  lus- 
tiniony  so  vagui>,  eonlradielory,  uneerlain,  ami  illegal,  as  that 
w  hieh  lias  hi-en  adduced  against  me  on  this  trial  ? 

1  am  now  drawing  my  deleuctr  lo  a  (dos<^ ;  hut  lud'ore  doing  so  al- 
low mo  to  adviMl  to  Ihee.ases  ot"  Arhuthnol  and  Amhrist(>r.  Thes*" 
would  have  heiui  an  analogy  to  mine,  had  I  been,  whi(di  !  deny,  in 
arms,  t)r  in  liosiiK"  array  against  Her  Majesly,  with  I  ler  Majesty'M 
IraitiM'ous  suhi(>els,  within  this  pro\inei«,  as  o\|iresst>d  hy  iIk' a(^t. 
The  partieulars  ol' lh(>ir  easos  are  well  known.  lhe\  were  Ihitishsnl*. 
jcels  ehargtMl  with  aiding  eerlaiii  Indians  in  their  hoslililiiis  against 
mv  native  eounlr\  tht^v  weresei.od  upon  li\  ( leu.  .lae.kson  in  the 
v<M\v  ael,  hroughl  hefore  a  Court  Martial,  as  I  am  now  brought,  and 
under  llie  stuUeuee  ol'sueh  eourl  they  wt're  executed.  ^\  hat  wim'o  tlii^ 
s(Mjtiim>nts  and  I'celings  of  the  pi'oplo  ami  govennneni  of  my  e.(ain- 
trv.  aroused  bv  ihi\se  acts  max  b(>  eollecl(>d  !"r(uu  tht;  report  of  ii  eon;- 
mittin^  on  the  vScnunole  war,  made  lo  th(^  Senate  of  lh(>  I  nited  States 
(\)ngress,  *2lth  ol'  bVbrnary,  IHIO,  If  I  were  allowed  1  would  wi.sh 
lo  read  several  parts  of  that  repml  ;  but  smne  portions  of  it  are  so 
applicable  to  my  ease  iind  situation,  that  I  nmst  crave  the  indul- 
gence ol"  lIiisciMut  to  make  sonu>  extraiMs.  It  is  said  by  the  coin- 
mittct^  in  their  report  "In  re\iewingtbo  (execution  ot' Arbuthm)l  and 
Ambri.ster,  your  ctumuitlet^  cannot  but  luuisider  il  as  an  uniKMMis- 
sary  act  of  severity  <m  the  part  of  the  conunamling  tien.  (.lackson,) 
uud  ;i  tK>[arlure  from  that  mild  and  humane  system  towards  j)visonerH 
which  in  all  cv»ullii'ls  with  savage  or  eivili/ed  nations,  has  hereto- 
ioYo  hcvu  ("oiisidered  not  only  hoimrabli^  to  the  national  character, 
but  conformable,  lo  the  iliclales  of  souml  policy.  'Those  prisoners 
were  subjects  ot"  lireut  Hritaiu  with  whom  the   United  States  are  at 


.»' 


pi'dco,  liiiviii^r  Irfi  (heir  coiiiitry  HUM  uiiilnd  llmir  latfn  with  savMK<'S 
Willi  wliuiii  111..  Uiiilcl  Stales  worn  at  war,  thny  lnrl'(-i!(!<|  ilu-ir  claiin 
to  llid  pn.ldctioii  of  llicif  own  jruvoriiriiniii,  ami  siil.jdcio.j  tll.•m:^lllvt^^ 
to  Ihti  Namo  (rciitmciit  wlii-li  mi^rhi  nc.-.H'din^r  |,,  ■||in  prnctiw  and 
prMK-ipL'soflli..  AnKM-i.'an  '  Jovorniiwiit,  Im  rxLaidcd  towards  Uiohis 
with  whom  limy  w.mv  associated.  No  proe(!H,s  of  reasoniii^r  ,.„»  do- 
gmdo  ihem  hehnv  llm  siiva^^.'s  wdh  wlinin  they  ar(!  <',oiiii(!(-led,— as 
pri.soiiors(d*wiirth<'y  aro  even  entitled  f.,  rhiini  (Voni  fho  Ame'ri(;an 
(lovtM-nnient,  that  profoetion  which  Ihe  n>ost  savage  (d' our  loes  havo 
nnilornnly  .•\-p(<r!<.ne.((|  when  disarnied,  and  in  onr  power.  Ilntnunity 
Hhihlders  at  the  idiia  olCold  blooded  exucntain  ol"  prisoners  (lisunne'd 
tind  in  the  power  of  the  coi     icn'or." 

Another  extract  iVoni  the  same  reporl  says  "The  principle  as- 
NiinuMl  hythe  commanding  ({(UKM-al,  that  A rhnthiK.t  und  Amhrister 
by  uniting  in  war  against  iIk-  United  Slates  while  we  were  at  peace 
vyith  (ireaUlrilain  heeiune  "  ontlawsand  pirates,  and  liable  to  sut- 
ler (htath,"  is  not  rcicogni/ed  in  any  (;ode  .d"  luitional  law;  nothing 
0(111  ho  round  in  the  history  of  civili/.iid  nations  whicdi  recognizes 
sncli  a  principle,  (!\(!e|,t  a  d.-cree  of  theex(!ciitiv(!  directory  of  l<' ranee 
during  their  short  caiver  of  lolly  and  madin^ss,   which  decdares  that 

neutrals  lomuhm  hoard  (UieiniesHhips  should  he consid(.redas  pirates." 
See  J'\.)l.  ia'2,    L.  VM\,  Annual  Uegister  lor  IHIU,   where  this  n-port 
iH  given.  Such  was  the  language;  of  my  countrymen,  and  mucIi  will 
be  the  language  of  ( Jr(;at  Britain. 

(lenthunen,  since  this  trial  (•oinmenced  I  have  sfson  in  the  rjews- 
papors  a  document  which  is  said  to  he  from  the  hands  of  His  ICxccd- 
lency  tlu;  Lieutenant  Covernor  of  this  Province,  and  which  has  j.ro- 
vided  ni(>  with  an  argument  I  may  use  in  my  Ixdialf  on  this  trial,  al- 
though not  essentially  necessary  iimler  th.;  slate  of  the  proceedings. 

Mis  lOxccdhuicy  is  said  to  have  slated  that  "  punishment  caimet  bo 

justiluihly   resorted  to  as  an  act  of  revenge  ;  it  is  only   to  be  sane- 

tion.Ml  as  the  n(«c(!ssary  monns  of  prev(Miting  the  recurrence  of  crime." 

I  hat  su.di  an;  th(.  legitimate  principles  of  an  enlighten(;d  and  liberal 

mind,  who  will  gainsay  ? 

Tlum  if  such  had  been  the  case,  that  llajse  prf)ceeeing.s  had  been 
sanctioned  by  your  conslilutiun  and  law.s,  and  the  laws 'of  nations, 
and  the  "  .diarge"  aga;..st  me  had  b<;en  suliiciontly  drawn  up,  and 
fully  and  substantially  sustained  by  the  proof,  where  then  would  you 
Imd  the  ''  necessity"  of  ;,p|,lyi„g  i„  ,„c  llu;  provisions  of  ihe  act  un- 
der which  1  am  Iier(5  arraigned  ?  What  other  motive  than  "  revenge'* 
could  move  you  now  to  inllict  upon  me  its  terrible  penalties  ?  It 
was  not  I  that  susta.in,.,l  and  Ui'\^[  t.'>.got!u;r  a  large  force  on  Navy 
Island  Irom  the  'Jtith  of  December  to  the  l*2th  of  .lanuary.  It  was 
«ot  1  that  procured   iIk;    arms  and  anuinilion,    and  other  military 


62 


stores  for  the  expedition  fitted  out  against  Maiden,  with  whom  it  is 
said  I  chanced  lo  bo  on  the  28th  and  29th  of  Januu.y  last,  nor  I  who 
enlisted  the  men  for  that  expedition.  It  was  not  I  who  fitted  out  or 
led  on  the  party  of  men  whom  from  the  United  States  took  posses- 
sion of  Fighting  Island  in  the  Detroit  river — for  it  has  been  here 
suificientiy  proved  that  I  had  no  connection  wiih  them.  It  was  not 
I  who  fitted  outer  led  on  the  party  who  took  psssession  of  Pele  Is- 
land, nor  has  it  been  urged  that  I  had  ever  any  connection  with 
them.  It  was  not  I  who  fitted  out  or  led  on  the  party  who  attempt- 
ed to  land  at  Abino.  It  was  not  I  who  fitted  out  or  led  on  the  party 
who  took  possession  of  Hickory  Island,  nor  do  you  charge  me  with 
any  of  these  acts.  The  rebellion  that  was  in  this  Province  has  been 
crushed  by  your  own  power,  and  all  these  parties  which  had  been 
in  array  on  your  frontier  dispersed  in  a  manner  forbidding  the  pos- 
sibility of  a  recurrence.  I  have  never  moved  or  excited  the  sub- 
jects of  Her  Majesty  in  this  Province  to  rebel,  nor  do  I  possess  the 
power  to  do  so.  I  am  a  stranger,  and  without  influence  in  the  Pro- 
vince with  those  who  have  been  in  arms  against  you.  On  your 
frontier  I  have  had  no  connection  since  the  9th  of  January  last,  and 
after  the  middle  of  February  my  disconnectiou  with  them  was  no- 
torious. And  now  if  it  were  possible  for  any  person  to  put  in  array 
a  belligerent  fore;  again  on  your  frontier,  that  person  is  not  myself, 
for  my  influence  there,  for  such  a  purpose,  has  long  since  been  at 
at  end.  And  I  ask  what  other  motive  than  "  revenge'^  could  you 
assign  for  an  act  which  would  have  no  other  effect  that  to  adminis- 
ter to  the  grosser  passions  of  mankind,  and  gratify  such  as  are  to 
be  found  in  every  country  ready  to  cry  out  "crucify  him,  crucify 
him,"  and  by  whom  ere  you  commenced  your  labors,  I  had  been 
tried,  condemned  and  executed,  and  these  bones  of  mine  had  become 
but  pari  of  the  naked  and  offensive  cabinetof  some  surgeon^s  study  ! 
Justice  under  no  circumstances  will  make  such  a  demand.  The 
high,  the  enlightened,  and  the  honorable  of  this  Province,  I  am  per- 
suaded, Heaire  not  my  destruction. 

But  what  is  my  offence  ?  I  am  not  charged  with  murder  or  ra- 
pine, for  I  have  deprived  no  man  directly  or  indirectly  of  his  life  and 
liberty.  I  am  not  charged  with  robbery  or  marauding,  for  I  have 
neither  taken  or  destroyed  the  property  of  any  man.  I  am  not 
charged  with  having  disturbed  the  domestic  peace  of  the  country, 
for  it  was  not  I  who  set  this  Province  in  civil  commotion.  I  am  not 
charged  with  having  entered  this  Province  for  the  purpose  of  plun- 
der or  gain,  for  the  same  testimony  that  would  establish  the  fact, 
that  i  liad  ever  been  ill  this  Province  with  an  armed  force  under  my 
command,  will  prove  that  when  I  returned  I  left  a  large  quantity  of 
property  untouched  and  unmoved,  and  you  have  made  legal  proof 


m 


here  for  me  that  1  had  never  authorized,  sanctioned  or  approved  of 
an  attack  being  made  on  the  village  of  Amherstburgh  on  the  evening 
of  the  9th  of  January  last. 

Then  what  more  am  I  charged  with,  than  has  been  done  by  hon- 
orable Britons  in  Venezuela,  Buenos  Ayres,  Chili  and  Peru,  while 
those  countries  were  Provinces  of  Spain.'  What  more  am  I  charged 
with  attempting,  than  honorable  Britons  have  lately  accomplished  in 
Portugal  ?  What  more  am  I  charged  with  than  is  now  being  done 
by  honorable  Britons  in  Spain,  by  the  consent  and  authority  of  the 
British  Parliament,  commanded  and  led  on  by  a  late  member  of  the 
House  of  Commons. 

But,  I  am  told,  that  "by  writing  and  publishing  certain  papers 
in  a  newspaper  of  the  United  States  called  "  Despatches"  and  "  Pro- 
clamations," 1  had  committed  "an  indignity  to  the  British  Crown." 
An  American  newspaper  contamingthe  said  papers  has  been  intro- 
duced and  read,  and  although  you  must  know,  you  have  no  legal 
right  to  call  an  American  citizen  to  an  account  for  his  acts  done  in 
the  United  States,  yet  I  cannot  but  believe  that  the  publication  of 
those  papers  which  never  were  promulgated  by  me  or  attempted  to 
be  published  in  this  Province,  was  the  moviugcuuse  of  my  prosecu- 
tion before  this  court,  and  if  such  would  be  in  accordance  with  gen- 
tlemanly propriety,  I  could  inform  you  of  the  foundation  of  my  be- 
lief. 

I  have  called  no  witnesses.  The  testimony  adduced  on  the  part 
of  the  prosecution  does  not  require  it.  Witnesses  that  would  have 
testified  conclusively  in  my  favor  could  not  be  procured  but  from  a 
foreign  country — their  residence  too  remote  from  this  scene  to  ena- 
ble me  to  reckon  upon  their  production  in  time  for  this  trial,  what- 
ever exertions  I  could  have  put  in  force,  notwithstanding. 

Gentlemen,  you  have  now  before  you  the  facts  of  the  case,  as 
made  out  on  the  part  of  the  prosecution,  and  the  law  applicable  to 
the  same — rather  a  portion  of  that  law— for  the  principles  in  sup- 
port of  my  objection  have  been  only  slightly  touched  upon,  the  ques- 
tions arc  far  from  being  exhausted,  however  lengthy  my  defence 
may  appear. 

The  objections  taken,  namely,  That  one  half  of  this  court  never 
appear  to  have  sat  on  a  previous  court  martial. 

That  the  President  of  the  court  had  never  before  sat  on  a  court 
martial. 

That  one  of  the  members  of  the  court  is  an  officer  on  full  pay  in 
the  regular  service,  and  therefore  ineligible,  according  to  the  only 
iuw  applicable  io  the  case. 

That,  first  of  all,  the  Act  under  which  I  am  being  tried  is  uncon- 
stitutional. 


Ul 


That  llio  "cliargc"  prefcreil  against  mo  is  not  sutlicicntiv  speci- 
fic us  required  by  the  statute. 

That  the  essential  averments  set  out  in  the  "  charge"  are  not  sus- 
tained by  the  evidence  adduced— there  being  no  proof  before  the 
court  to  establish  the  fact  that  any  of  Her  Majesty's  subjects,  with 
whom  It  IS  alleged  1  was  joined  on  Navy  Island,  were  traitr-rously 
in  arms  against  Her  Majesty  within  this  Proviece,  on  the  said  12th 
day  of  January,  or  any  time  thereafter,  either  with  or  without  my- 
self. •' 

That  an  "Act"— not  affecting  all  her  majesty's  subject— but  par- 
ticular individuals— and  these  evidently  foreigners,  was  a  i)rinted 
Act— and  therefore  ought  to  have  been  duly  proved,  by  the  produc- 
tion in  the  usual  manner  of  a  sworn  copy. 

That  the  Militia  law  passed  the  6th  of  March  last,  under  which 
you  profess  to  sit,  has  an  ex  post  facto  operation  as  regards  me,  and 
therefore  is  not  applicable  to  me. 

That  the  maps  produced,  arc  not  legal  evidence  of  the  boundary 
between  the  two  countries. 

That  I  was  prevented  by  the  court  from  having  the  benefit  of  a 
cross  examination  of  the  Surveyor  General,  to  which  I  was  entitled. 

That  the  proclamation  spoken  of  as  instituting  a  provisional  Gov- 
ernment on  Navy  Island— even  if  relevant  to  the  case,  has  not  been 
duly  proved. 

That  the  paper  purporting  to  be  my  examination,  or  admissions, 
did  not  contain  the  whole  of  those  admissions,  which  I  was  desirous 
of  proving  by  a  cross  examination  of  Col.  Prince,  but  was  prevent- 
ed of  so  doing  by  the  court. 

That  I  did  not  sign,  nor  was  I  required  to  sign  this  paper,  con- 
taining a  part  only  of  my  admissions,  and  therefore  that  it  could  not 
legal, y  be  given  in  evidence. 

All  these  objections,  and  others  I  have  raised  during  the  investi- 
gation of  my  case,  will,  I  am  persuaded,  undergo  your  serious  and 
calm  consideration. 

I  have  now  finished.  The  importance  of  this  case— not  affect- 
ing merely  the  humble  individual  who  now  addresses  you -nor  only 
the  inhabitants  of  this  Province— or  the  citizens  of  the  neighboring 
Republic,  of  which  1  am  proud  of  being  a  member— but  involving 
questions  affecting  the  rights,  liberties  and  even  lives  of  the  inhabi- 
tants ofevery  independent  nation;  I  say  the  importance  of  this 
case,  which  is  now  left  for  your  determination,  must  be  apparent  to 
every  person,  however  exalted  in  rank  or  humble  in  station. 

^     ^   ,  TH.  J.  SUTHERLAND. 

Toronto,  April  M,  1838, 


APPENDIX. 


NO.   I. 

AN  ACT  I o  protect,  the  Inhabitants  of  this  Province  aminsf  law- 
Uss  ag^res^onsfrom  the  Subject,  of  Foreign  CountrieCTpeace 
wuh  Her  Majesty.  j-p,,^,^  j^,^,,  j^^^^.^^^;  ^^^^^  J^^ 

Whereas  a  number  of  pcr.von.s-  lately  inhaUling  the  State  of  New 
York,  or  some  one  of  the  other    United  States  %f  Americf  have 
WKhin  the  sa.cl  State  of  New  York,  lately  enlisted  or  0^^' them 
selves  to  serve  as  Soldiers,  or  have  procured  other    to  f  nfs  tor  on 
gage  themselves  to  serve  as  Soldiers,\nd  have  within  the  41"/ 
New  York,  collected  Artillery,   Arms  and  Ammunition,  and  rnade 
other  prepara  ,ons  for  a  hostile  invasion  of  this  Province   undeTthe 
pretext  01  assisting  certain  Traitors  who  have  fled  from  tWs  Prov- 
ince to  the  sa.d  United  States  :   And  whereas,  the  said  persons   wX 
out  the  authority  of  their  Government,  and  in  defianceKs  e;rre  s" 
in^cuons,    ha^^e  actually  invaded  this    Province,  contrarylothe 
faith  and  ohhgattonof  the  Treaties^uhsisting  between  tlJxMt^ 
Kingdom  of  Great  Britain  and  Ireland  and  the  said  United  Spates 
anddurmg  the  contmuance   of  the  relations  of  amity  and   peace 
between  the  two  Countries  :    And  whereas,  it  is  necesLry  fo^pro- 
tectmg  the  peace  and  security  of  this  Province,  to  provide  for  tlm 
promp    punishment  of  persons  so  offending  :  Be  it  enaltcd   by     e 

0^0}  t^^^^^^^  ^^^"^^  with  the  advice  ttt 

sent  of  the  Legislative  Council   and  Assembly  of  the  Province  of 
Upper  Canada,  constituted  and  assembled  by  virtue  of  and  unde;  the 

eenth  vear  of  m'  T  .''''"^"  ^'^^^  °^""  ^^^  P««^^^  i"  ^he  four- 
teenth year  of  His  Majesty  s  reign,  entitled,  '  An  Act  for  makine 
more  effectual  provisions  for  the  Government  of  the  ProvTce  of 
Quebec  m  North  America,'  and  to  make  further  provision  fo  the 
Government  of  the  said  Province,"  and  by  the  authority  of  the  sarn^ 
ThaJ.  ij  any  person,  being  a  citizen  or  subject  of  any  Foreign  State 
«'"':--  '-•  peaie  ,,„,^  ^„^  unnea  lungdom  of  Great  Britain  and 
Maud,  having  joined  kiM^elf  before  or  after  Ike  pJigZZs 
Act,  to  anymlject.,  oj  our  Sovereign  Lady  the  Queen,  fferHeZ 


«)<; 


or  ISucces.'^ors,  vlw  arr  or  Iwrcaflcr  man  ^"  Iraitorous/ij  in,  arm>: 
against  her  Majesty,  llcr  Ihurs  or  ISucciasors,  shall  nJ'Ur  Ike  i>ns- 
sing  of  this  Act,  he  or  continur  in  arms  aitainst  JIrr  Majrsff/,  Her 
Heirs  or  tSucressors  within  this  Vrovinre,  or  commit  anij  act  of  hos- 
tility therein,  then  it  shall  and  may  he  lawful  for  the  (Socmior  oj'  this 
Province  to  order  the  asseinhlin^  of  a  Milita.  iScnrral  (\)urt  Mar- 
tiaUfor  the  trial  of  such  persons  aifreeahhj  to  the  Militia  htno  of  this 
Province,  and,  upon  heing  found irni If y  hy  such  Court  Martial  of  oj- 
fendinii  against  this  Act,  such  persons  shall  he  sent  (need  hy  the  said 
Court  to  suffer  death,  or  such  other  punishment  as  shall  be  awarded 
hy  tlie  Court. 

2.     Be  it  further  enacted  hy  the  authority  aforesaid,  'JMmt  if  any 
subjoct  of  llcr  Mnjcsty,  I  lor  llcirs  or  Successors,  sliiiU   williiu  tills 
I'rovinc(;,  levy  Wnr  ngaiiist  Her  Mnjosly,  II(M'  Heirs  or  Successors, 
in  company  with  any  of  the  citizens  or  suhjecls  of  anv   Foreign 
Slato  or  Coinitry,   then  being  at  peace  with  th(!  llnilcd  Kingdom  of 
Grent  Britain  and  Iroland,  and  oirending  against  the  provisions  of 
this  A.ct,  then  such  subject  of  ller  Majesty,  Her  Heirs  or  Successors, 
shall  bo  liable  to  bo  tried  and  punished  by  a  Militia  Cleneral  C'ourt 
Martial  in  liko  manner  as  any  citizen  or  subject  of  a  Foreign  States 
or  Country  at  peace  with  Her  Majesty,  Her  Jleirs  or  Successors,  is 
liable  under  this  Act  to  be  tried  and  [)unished. 

M.  And  he  it  further  enacted  hy  the  authority  (foresaid,  That 
the  citizen  or  subject  of  any  l-'oreign  State  or  Country,  ollending 
against  the  provisions  of  this  Act,  shall  be  deemed  guilty  of  Tdony, 
and  may,  notwithstamling  the  provisions  hereinbefore  contained, 
bo  prosecuted  and  tried  before  any  Court  of  Oyer  and  Teruiincn-  and 
General  Gaol  Delivery  in  and  for  any  District  of  this  Province,  in 
the  same  manner  as  if  the  oflence  had  been  connuitted  in  such  Dis- 
trict, and  upon  conviction  shall  sutler  death  as  in  cases  of  felony. 


P- 


NO,  11. 

AN  ACT  to  amend,  and  reduce  into  one  Act,  t/ie  Militia  Laws 
of  this  Province,  [Passed  March  (Uh,  18H8.] 

VVhekeas  the  several  laws  now  in  force  for  embodying,  organiz- 
ing and  training  the  Militia  of  this  Province  are,  in  many  instances, 
defective  and  ineflective  :  Be  ii  therefore  enacted,  by  the  Queen's 
most  Excellent  Majesty,  by  and  with  the  advice  and  consent  of  the 
Lcgislativo  Council  and  Assembly  of  the  Province  of  Upper  Canada, 
consliiuleU  and  assembled  by  virtue  of  and  under  the  authority  ol 
an  Act  passed  in  Parliament   of  Great  Britain,  entitled,  "  An  Act 


(J7 

yj  ropr>«l  corlain  parfs  of  an    Art  ,m«.sod  i„  tho  fourtoenlh  year  of 
sVIn,.,tv,s   n.,g„,  onliUcd,  '  An  Act  for  nmking  mo  o  X  La 
nov.s.ons  (or  ll.o  ( Jovorn.nont  of  tho  Province  of  Quebec  in  North 
Arm.n,.a,  ru.,1  .0  ....k,.  fur.h.-r  provisions  for  tho  ( Wnment  of  tho 
•sm<l    l»rovinco,"  un.l  l,v   tho  uuthoritv  of  tho  samo    T  .      r  . 

a(|c.tho   pnssin,    of  this  Act,   it  .h^l^  arl^^;;:;  ^    al  Z  th 
U'urunui  (  M,v.M-n„r  fron.  time  to  time,  to  divide  the  Z    h  nP  tl 
I  n.viMco  into  s.ich  numhor  of  Uogimonts  o       L  L.       f  '' 

00.  .o.^...n^,.  ,.  ,..,  etncL^^onir JISmII^,!  \S 

s    an    and  .s.-U  to  appoint  a  snfKcient  number  of  Colonch    Lieu 
;^;"'  <-l"n.Is.  MM|or.s.  Captains  and  other  otncers,  to  train    disci" 
P'o  and  comn.an,   the  .said  Mihtia,  according  to  suih  ru  r'orders 
•^  >'' <l"-'--oIions   as  shall  from  tin.e  to  time  be  i^ued  by  hhn  A)r  tha 
P   rposo;  udnchOnicer  of  Militia  .shall  rank  with  Omcers  of  He 

lh,''^\rili/^''  'I'-ii'-'^t''  '''''''''''^^'!l  ffx'authorUy  aforesaid.  That  when 
II  .  Mil.t.a  ol  tlu.s     rov.nco  shall  bo  called  out  on  actual  .seTvicT   in 
nil  c  se.s  where  a  General  Court  Martial  shall  be  re.,uired,  tie  l4u" 
ten.  nt( governor   upon  application  to  him  made  through  the  Officer 
c    n.nand.ng  the  i,ody  of  Militia  to  which  the  party  accused  mafb^ 
let  t  Sen""  i"    •''  ,"^?/'!^^"-r  «^"'o  accused,   then  through 
'on M        T  f 'T''  '•''""  ''^^"^  '''«  '''•d^^^'-  »"  "s^^-^We  a  General 
•Te     I,  !r    'i'   ^'•'I^V'''^^^^^^"'^'^'-^'  ^""^^  M-^ti«'  «h«'^'l  consist  of  a 
\.       i    •   ^    r/^n'"  ^'''  ^.'^,''^'  ^^'^^^'''  '^"^"ot  less  than  eigh  tolr 
Comn  „,       ,,  (  n,cer.s  ol  the  Militia  :    rrovidcd  always,  tha   in  all 
r  als  by  (,.uoral  V.nms  Martial  to  bo  held  by  virtue  of  t  .i.s  Ac    the 
hi    ;;:!'!     V^r^TV^'"'^"   nominate  and   appoint  the  person 'wt 

?V     tMn    .;';^r'^^'^^^^^        ''''']  '^'''  -very  member  of  the  saiS 
U  u.t  Ma  I  al,  before  any  proceeding  be  had  before  tho  Court   «haJl 
a  o  the    ollow.ng  oath  before  the  fu.]^o  Advocate,    who  is  hereby 
tuthor.zed   to  administer  the  same,  viz  :_u  Vo,,  a.  a,  do  swear 
tkat   you,, ai  administer  justice  to  the  best  of  your  understandZ' 
>nthc   matter  nov,  hfor.  you,  according  to  L  evidence  antThe 
MUUut  I,n,s  now  injhrcc  in  this  Province,  without  partiahty    ft 
vor  or  allect.on  ;  and  you  further  swear,  that  you  will  no  divulle 
he  sentence  of  the  Court,  until  it  shall  be  approved  by  t  le  LieuteS 
(governor;  nenher  will  you  upon  any   account,  at  ^  til  Xl 
ever,  disclose  or  discover  the  vote  or  opinion  of  any  parficS  mem 
berof  the  Court  Martial,  unless  required  to  give  evidence  thereofTs 
a  witness  by  a  Court  of  Justice,  in  due  course  of  law  :   So  he  p  you 
God    :     And  so  ,.oon  as  the  said  oath  shall  have  been  administered 
o  the  respective  members,  the  l>resident  of  the  Court  is  he  eby  au- 
thorized and  required  to  administer  to  the  Judge  Advocate,  or  the 


08 

porson  officiating  as  such,  an  oath  in  tlio  following  wonls  : — "  ^'<>u. 
A.  n.  do  swear,  th.if.  yon  will  not  upon  any  account,  at  any  tinic 
whatsoever,  disclose  or  discover  the  vote  or  opinion  of  any  particu- 
lar imMnher  oi*  iho  Court  Martini,  unless  required  to  givo  evidenci^ 
thereof  o  «  a  witness  hy  a  Court  of  Justice,  in  iluo  course  of  law — so 
help  you  Mod'-  :  And  the  Judge  Advocate  shall,  and  i.s  hereby  au- 
thorized, to  administer  to  every  person  giving  evidence  before  the 
said  Court,  the  following  oath  : — "  The  evidence  you  shall  give  to 
this  Court  Martial,  on  the  trial  of  A.  \\.  shall  be  the  truth,  the  whole 
truth,  and  nothing  but  the  truth — so  help  you  (Jod"  : — l*rondcd  al- 
ivat/s,  ihat  the  Judgment  of  every  such  Court  Martial  shall  pass  with 
the  concurrence  of  two-thirds  of  the  members,  and  shall  not  be  put 
in  execution  until  the  Ijieutenant  Covernor  has  approved  thereof. 


An  extract  of  the.  Militia  Lairs  of  the  Province  of  Ujipcr  Canada, 
passed   March   K),    180H, — and  in  force  until  the  sixth  day  of 
March,  1«3^. 

Src,  '.1'^.  And  he  it  further  enacted  by  the  authority  aforesaid. 
That  when  the  Militia  of  this  Province  shall  be  called  out  on  actual 
service,  in  all  cases  when  a  General  Court  Martial  shall  be  required, 
the  (lovernor.  Lieutenant  Governor,  or  person  administering  the 
(lovernment,  upon  complaint  and  aj)plication  to  him  nuuie,  through 
the  Colonel,  or  oflicer  commanding  tlie  body  of  MUitia  to  which  the 
party  accused  may  belong,  shall  issue  his  orders  to  the  said  com- 
mon'ding  ollicer  to  assemble  a  General  Court  Martial,  which  said 
Court  Martial  shall  consist  of  a  President,  who  shall  be  a  Held  of- 
licer, and  turlre  other  commissioned  ojjicers  of  the  Miiilia  :  Pro- 
vided always,  that  in  all  trials  by  General  Couri  Martial,  to  be  held 
by  virtue  of  this  Act,  the  Governor,  Lieutenant  Governor,  or  person 
administering  the  Government,  shall  nominate  and  appoint  the  por- 
son who  shall  act  as  Judge  Advocate — and  that  every  member  of  the 
said  Court  Martial,  before  any  proceedings  be  had  before  that  Court, 
shall  take  the  following  oath  before  the  said  Judge  Advocate,  who 
is  hereby  authorized  to  administer  tho  same,  viz  : 

»'  You  A,  B.  do  swear  that  you  will  administer  justice  to  the  best 
of  your  understanding,  in  the  matter  now  before  you,  according  to 
the  evidence,  and  Militia  Laws  now  in  force  in  this  Province,  with- 
out partiality,  favor  or  atlection  ;  and  you  further  swear,  that  you 
will  not  divulge  the  sentence  of  the  Court,  until  it  shall  be  approved 
bv  the  Governor,  or  person  administering  the  Government  ;  neither 
will  you  upon  any  account,  a;  anytime  whatsoever,  disclose  or  dis- 
cover the  vote  or  opinion  of  any  particular   member  of  the  Court 


IVIurti.-il,  unless  rcviuirciJ  to  give  cviiluncf  llicroof  as  n  witness,  l.y  a 
('ourt  of  .luslicu,  in  due  course  of  law— so  liclp  you  (JocJ." 

And  so  soon  us  iho  said  oatli  sliull  have  been  adtninistered  to  the 
resp(!Ctivo  tnemhors,  the  President  of  the  Court  is  hereby  autho- 
ri/.ed  and  required  to  administer  t(»  the  Judge  Advocate,  or  the  per- 
son ofliciating  as  such,  an  oatii  in  the  following  words  : 

"  Vou,  A.  I{.  do  swear,  that  you  will  not,  upon  any  account,  at 
any  time  whatsoever,  disclose  or  discover  the  vote  or  opinion  of  any 
particular  mcnd)er  of  tlie  Court  Martial,  unless  required  to  give 
evidence  thereof  as  a  witness,  by  a  Court  of  justice,  in  n  duo  course 
of  law — so  help  you  Cod." 

And  the  said  Judge  Advocate  shall,  and  ho  is  Ijoreby  authorized 
to  administer  to  every  person  giving  evidence  before  the  said  Court, 
the  folhnving  oath  : 

"  Tiio  evidence  you  shall  give  to  this  Court  Martial,  on  the  trial 
of  A.  Ji.  shall  be  tho  truth,  the  whole  truth,  and  nothing  but  the 
truth — so  help  you  God.'" 

Provided  always,  that  the  judgment  of  every  such  Court  Martial 
shall  pass  with  the  concurrence  of  two-thirds  of  the  members,  and 
shall  not  be  put  in  execution,  until  the  Governor,  Lieutenant  Gov- 
ernor, or  person  administering  the  Government,  has  approved  there- 
of :  Provided  always,,  that  no  ojjicer  serving  in  any  of  His  Majestifs 
other  forces,  shall  sit  in  any  Court  Martial  vpon  'the  trial  of  any 
ojlirer  or  private  man  serving  in  the  Militia. 


! 


NO.  III. 


Oi'FicK  ov  rnv.  Dkthoit  Morning  Post,  ^ 

January  11,  18SS.      C 
Gen.  Th.  J.  Sutherlani;, 

SIR — Having  received  information  of  ^our  arrival  in  this  city,  I 
would  embrace  the  occasion  to  request  respectfully,  an  answer  to 
to  the  following  questions  : — 

1.  "  Are  the  Banks  of  Upper  Canada  now  solvent"  ? 

2.  "  What  arc  the  intentions  of  the  Patriots,  if  they  succeed  in 
their  efforts  to  redeem  thc'Uppe',  Province,  relative  to  those  Banks  V^ 

It  is  highly  important  that  correct  information  should  be  obtained 
by  our  citizens  upon  these  points— especially  the  latter — as  a  large 
number  of  our  wealthiest  men  are  stockholders  in  the  Upper  Canada 
Banks,  and  as  there  is  in  Michigan  a  large  amount  of  their  paper  in 
circulation. 


70 

Any  facts  yon  tnny  plons*'  lo  roinm»iiiir;iio  on  tlio  gront  (jiiostinii 
ni  i.ssiK?  tlirougli  the  coliiams  of  tlio  Post,  I  .shall  br  Imppv  to  admit, 
providt'd  surli  facts  do  not  contravene  the  existing  laws  of  tlio  United 
States,  (.1-  of  this  State. 

Very  respectfully, 

Vour  obedient  N(,'rvant. 

BKN.I.  KINCSimilV,  .Ik. 


Dktiioit,  11th  January,  18:J8. 
!*ii>iToii  ok  Dkthoit  Mornino  Posr  ; 

Dear  Sir — Vour  note  of  this  morning  has  been  duly  received  and 
will  be  fully  answered  ;  but  having  arrived  in  town  from  Hois  Ulanc 
at  a  late  l>our  last  evening,  in  a  very  bad  state  of  health,  I  am  un- 
«blo  to-day  to  do  more  than  give  you  copies  of  despatches  which  1 
Imvc  forwarded  to  the  Commander-in-Chief  of  our  army,  which  you 
arc  ai  liberty  to  publish.  Such  parts  of  your  in(juiries  as  arc  not 
answered  by  the  co|)ies  of  papers  enclosed,  I  will  do  myself  the  lion- 
oi  of  replying  to  in  detail,  by  an  early  hour  to-morrow. 
Very  respectfully, 

Your  ob't  scrv't, 

TH.  J.  SUTHERLAND. 


I 


(A.) 
PROCLAMATION. 

TO    THK    PATRIOT    ARMY    OV    l!I'l>KR    CANADA. 

Vcmipanions  in  Arms. 

True  courage  is  alw.ys  accompanied  with  high  honor  and  with 
mercy  to  a  subdued  enemy. 

We  fight,  not  for  plunder  ori)ower  to  oppress,  but  for  liberty  and 
sacred  rights  and  the  common  cause  of  mankind. 

Our  friends  have  been  plundered  and  driven  from  their  homes, 
their  wives  and  daughters  dragged  from  their  beds  and  exposed  to 
the  most  outrageous  insults,  and  almost  every  part  of  our  territory 
is  groaning  under  the  most  insupportable  tyranny. 

To  redress  these  wrotigs,  we  are  assembled  in  arms.  Let  us  be- 
have  lihc  men  who  love  justice,  and  scorn  and  defy  oppressio". 

Soldiers  of  Liberty  !  In  order  to  insure  success  and  a  glorious 
victory,  it  will  be  necessary  to  enforce  the  most  rigid  military  dis- 
cipline. 

No  one,  having  joined  the  army,  will  be  allowed  without  permis- 
of  the  eommandingofncer,  to  leave  the  ranks.  Every  desertion  will 
be  punished  with  death. 


71 

All  orders  must  be  slricly  olwiyful.  No  ,,iio  ...u.st  act  under  anv 
circunistducfs  but  iu  olxidicMico  to  the  orders  of  the  uOiccr  having 
cumnmud. 

ICvery  person  not  inarms  must  be  protected  in  bis  person  iVoin  nil 
harm. 

Mi  private  property  must  be  respected.  Not  u  single  infringe- 
ment of  private  rights  or  possession  will  escajw  the  most  severe  pun- 
ishment. 

No  one  not   in  nrms,  or  regularly  enrolled,  will  be  permitted  to 
follow  the  cu  ..,..     Every  idler  will  be  tuken  up  und  punished. 
Companions  and  Soldikrb, 

Wo  marcli  to  restore,  not  to  destroy,  good  order— to  preserve,  not 
to  violate  wholesome  laws— to  cstrblish  equal  rights  und  justice, 
yielding  to  others  as  rigidly  us  wo  demand  our  own. 

Til.  .1.  SUTHERLAND, 
Itrig.  Gen.  Commanding  2d  Division  Patriot  Army,  U.  (J. 
IIkai)  Quartkrs,  2n  DivrsioN,      } 
Bois  Blanc,  U.  (A,  January  dth,  1838.  ^ 


(B.) 
PROCLAMATION. 
To  THK  Patriot  Citizens  of  Upper  Canada. 

You  are  called  upon  by  the  voice  of  your  bleeding  country  to  join 
the  Patriot  forces,  and  free  your  .and  from  tyranny.  Hordes  of 
worthless  parasites  of  the  British  crown  are  quarten-J  upon  you  to 
devour  your  substance,  to  outrage  your  rights,  to  let  looso  upon, you 
defenceless  wives  and  daughters  a  brutal  soldiery. 

Rally  then  around  the  standard  of  Liberty,  und  victory  and  a 
glorious  future  of  independence  and  prosperity  w^ll  be  yours. 

TH.  J.  SUTHERLAND, 
Brig.  Gen.  Commanding  2d  Division  Patriot  Army,  U.  C. 
Head  Quarters,  2d  Division,      > 
Bois  Blanc,  U.  C.  January  9th,  WS.  ^ 


(C.) 
PROCLAMATION. 

To  the    deluded  suppobtehs  of   British  tyranny  in   Upper 
Canada. 

You  aro  required  to  lay  down  your  arms,  and  reture  quietly  to 
your  honries.  The  Patriot  Army  of  Upper  Canada  desire  not 
...  ■...,..^^.  \rQ  iighi  uiijjr  iOi  nuur'y»  ana  personai  anU  public 
satety . 


72 

Your  persons  and  property  shall  be  protuctcti,  all  your  private 
rights  preserved  to  you,  your  homes  secured,  your  possession  un- 
touched, on  condition  that  you  yield  up  your  weapons  and  retire  to 
your  accustomed  otcupations. 

You  are  now  enjoying  a  moiety  of  liberty  vouchsafed  to  you  from 
motives  of  caprice  or  interest  on  the  part  of  your  Rulers.  We  will 
secure  to  you  all  the  blessings  of  freedom  by  a  permanent  and  an 
honorable  tenure. 

Avoid  then  the  horrors  of  war.  Enrage  not  soldiers  already  ex- 
asperated by  oppression.  Save  yourselves  from  violence,  and  your 
property  from  confiscation.  Cease  resistance  and  ali  will  be  well 
with  vou. 

TH.  J.  SUTHERLAND, 
Brig.  Gen.  Commanding  2d  Division  Patriot  Armijy  TJ.  C. 

Head  Quarters,  2d  Division,  ^ 

Bois  Blanc,  U.  C,  January  10th,  1838.  ^ 


NO.    IV. 


PETITION. 

To  Martin  Van  Buren, 

President  op  the  United  States  op  America. 

The  Petition  of  Thomas  Jefferson  Sutherland,  now  a  Prisoner  in 

the  hands  of  the  Government  of  the  Province  of  Upper  Canada — 

Sheweth  : 

That  your  petitioner  is  a  native  citizen  of  the  State  of  New  York, 
and  owes    Uegiance  to  no  other  country  than  that  of  his  birth. 

That  he  now  addt  jsses  Y'oiir  Excellency  on  a  subject  not  merely 
affecting  himself — but  involving  in  it,  principles  of  momentous  con- 
cern to  the  whole  of  the  American  people.  If  it  were  otherwise — i.' 
it  were  a  case  not  likely  again  to  occur — if  he  were  the  only  person 
likely  to  be  affected,  by  the  course  of  proceeding  that  has  been  pur- 
su<id  towards  him  in  this  Province,  he  might  forbear  troubling  you 
with  this  appeal  ;  at  least  it  would  not  be  urged  with  the  same  con- 
fidence with  which  it  is  now  made.  But  at  this  moment  the  fate  of 
numbers — citizensof  the  United  States — confined  as  prisoners  in  va- 
rious parts  of  the  Province  of  Upper  Canada — must  be  decided  by 
the  final  issue  in  your  petitioner's  case. 


73 

As  briefly  as  possible  your  petitioner  will  proceed  to  state  the  mo»t 
material  points  on  which  he  asks  for  the  interferance  and  protoction 
of  your  Excellency,  and  the  Government  oftho  United  States—re-  • 
spectfully  referring  to  the  accompanying  documenis  for  a  more 
detailed  statement  of  the  cause  and  circumstances  weich  have  induc- 
ed him  to  make  this  appeal. 

The  excitement  felt  by  thousands  of  the  people  in  those  sections  of 
the  country  bounding  on  Upper  Canada,  when  a  rebellion  in  Decern-  ^ 
ber  last  broke  out  there,  he  does  not  deny  extended  itself  to  him,  at  I 
the  time  a  resident  of  Bufl^alo.  '"  i 

He  considered  himself  as  much  justified  in  aiding  the  Canadians 
in  their  attempt  at  escaping  fr(  i  what  was  judged  by  many  as  tyr- 
anny  and  oppression,  and  estab,  shing  an  Independent  Government, 
as  DeKalk^La  Fayette— Kosiusko— and  other  foreigners  were  in 
giving  their  personal   aid   and  assisting  us  in  our  Revolutionary 

As  much  justified  as  Col.  Evans  and  his  Isgion  of  British  and  Irish 
were  m  espousing  the  liberal  cause  in  Spain— or  as  those  Americans 
and  li^nglish  were  who  joined  in  the  successful  struggle  made  for 
liberty  by  the  oppressed  Greeks. 

Precedents  Tor  the  course  your  petitioner  took  might  be  found  in 
the  conduct  of  those  men— natives  of  the  two  most  free  nations  o- 
earth,  in  aiding  the  South  Americans  against  their  former  masters 
and  oppressors. 

Nor  did  your  petitioner  consider  the  state  of  Canada  unlike  that 
ot  1  exas,  where  his  countrymen  by  thousands  rushed  to  the  rescue 
and  mainly  aided  in  throwing  off  the  chains  of  an  arbitrary  and  des- 
potic master.  "^ 

A  short  time  convinced  him  that  the  parallel  between  the  Cana- 
dians and  those  countries  to  which  he  has  alluded,  was  not  complete 
masmuch  as  that  sufficient  and  necessary  preparations  had  not  been 
made  beforehand  by  the  Canadians  to  carry  or     successful  revolt, 
and  to  withstand  the  power  of  the  Governmeni  m  whose  hands  all 
the  arms  and  warlike  stores,  and  official  patronage  of  the  Province  ' 
were  ;  and  upon  making  this  discovery  your  Petitioner  retired  from 
the  service  of  the  Canadian  Patriots  and  from  the  ranks  of  those  who 
stili  persevered  in  the  designs  to  revolutionize  the  Province. 

Having  resolved  on  publishing  an  account  of  these  revolutionrv 
movements-and  to  trace  the  cause  which  had  led  to  them,  your 
petitioner  had  made  arrangements  to  return  home  from  Detroit,  Mich, 
when  he  vvas  robbed  of  his  travelling  trunk,  containing  his  clothes, 
^^"tu"  c"l\J"''^KV'^''  ,'^'"  ""^'■"^'  -^"Q  your  peUuoner  was  proceedine 
on  the  fouth  of  March  last,  in  company  with  a  young  man  also  a  cM? 
.en  of  ^few  Kork,  from  Gibraltar  in  Michigan,  to  Sandusky  in  Ohio, 


74 


—his  route  being  on  the  ice  on  the  United  States  side  of  the  channel, 
when  he  was  captured  by  one  John  Prince,  a  member  of  the  Pro- 
vincial Parliament  of  U.  C.,  Colonel  in  the  Militia,  and  Jnstice  of  the 
Peace  of  the  same,  with  a  body  of  men,  armed  with  pistols,  toma- 
hawks and  guns,  whilst  his  only  weapon  of  defence  was  but  an  in- 
different, edgeless  sword.  That  he  and  his  companion,  who  like- 
wise  only  had  such  another  weapon,  yielded  themselves  as  pris- 
oners— without  any  apprehension,  however,  that  they  were  infring- 
inji  any  laws — and  with  a  firm  conviction  that  they  owed  responsi- 
bility to  no  other  than  their  own  Government. 

Your  petitioner  refers  your  excellency  to  the  accompanying  evi- 
dence on  the  part  of  the  prosecution,  which  proves  incontrovertably, 
that  they  were  within  the  limits  of  the  United  States.  Independent 
of  any  other  testimony,  Col.  Prince,  one  of  the  witnesses  establishes 
that  fact — for  he  swears  that  when  captured,  your  petitioner  and 
his  companion  were  within  half  a  mile  of  a  schooner,  which  by  re- 
fering  to  the  other  evidence  furnished  you,  it  appears  that  the  said 
schooner — the  only  one  to  be  seen  in  that  vicinity  for  many  miles 
was  west  of  the  West  Sister  island,  which  is  within  the  limits  of  the 
United  States. 

That  your  petitioner  was  conveyed  as  prisoner  to  the  city  of  To- 
ronto, a  distance  of  300  mile«;  at  a  most  inclement  season  of  the  year 
— and  your  petitioner  was  on  the  13th  day  of  March  arraigned  before 
a  Militia  General  Court  Martial  convened  in  pursuance  of  an  order  of 
Sir  F.  B.  Head,  then  Lieut.  Governor  of  the  province,  and  organi- 
zed under  a  statute  of  the  province  passed  two  days  after  jy  capture, 
on  charges  as  set  cut  in  his  defence — a  copy  of  which  .accompanies 
this,  and  to  which  he  respectfully  refers. 

That  your  petitioner  pleaded  "  not  guilty"  to  the  charge  prefered 
— and  when  put  on  his  defence  urged  many  matters  which  entitled 
him  to  an  acquittal. 

But  in  vain  he  objected  to  the  constitution  of  the  court— consisting 
of  nine  members  only,  instead  of  thirteen,  as  required  by  the  act  in 
foro  at  the  time  of  his  capture.  The  act  forming  a  court  of  nine 
members  only,  not  having  passed  into  a  law  until  the  6th  of  March, 
two  days  after  such  capture,  as  before  stated. 

In  vain  did  he  object  to  one  of  the  members  of  the  court,  being 
an  officer  of  the  regular  army  under  full  pay — a  nomination  express- 
ly guarded  against,  by  the  only  act  under  which  they  could  sum- 
mon a  court  to  try  him,  if  he  were  amenable  to  their  laws. 

In  vain  did  your  petitioner  insist,  h.^wever  strenuously,  being 
aware  of  its  importance  as  a  national  question — that  a  law  passed  by 
the  Provincial  Parliament  of  Upper  Canada  i2ih  of  January  last, 
and  under  which  h    »vas  tried,  was  unconstitutional — that  it  affected 


75 


the  rights,  lives  and  liberties  of  foreigners  ;  and  interfered  with  and 
even  annulled  solemn  treaties  in  full  force  between  the  United  Slates 
and  Great  Britain.  That  Jay's  treaty  secured  the  right  of  way  over 
the  waters  on  which  he  was  captured  to  every  individual  of  each 
nation. 

That  the  charges  exhibited  by  the  Judge  Advocate  were  not  suffi- 
ciently specified,  as  to  time  and  place,  as  well  as  in  other  respects, 
more  fully  stated  in  his  defence. 

That  the  Court  was  sworn  to  try  him  according  to  the  Militia  Laws 
of  this  province,  that  not  being  a  militia  man  he  was  not  amenable 
to  those  laws. 

That  the  act  under  which  he  was  tried — not  affecting  merely  Her  > 
Majesty's  subjects,  but  others,  foreigners— was  therefore  a  private 
act,  and  ought  to  have  been  proved  in  the  usual  way  by  a  sworn 
copy,  which  was  not  done. 

In  vain,  also,  did  he  urge  that  he  did  not  come  wiihin  the  letter  or 
meaning  of  this  act— it  not  being  proved  that  he  was  in  arms  after 
the  12th  day  of  January,  with  any  traitorous  subjects  of  "^^er  Majes- 
ty, either  within  or  without  this  province. 

As  fruitlessly  did  he  object  that  any  legal  evidence  of  the  true  line 
dividing  the  two  countries,  as  settled  by  the  Commissioners  appoint- 
ed under  the  treaty  of  Ghent,  was  produced— or  that  the  maps,  pur- 
porting  to  shew  such  division  line  were  copies  of  the  original  maps 
prepared  or  sanctioned  by  such  Commissioners— a  pencil  mark  on 
such  maps  varying  from  the  colored  line  v.  as  stated  to  be  the  correct 
line  mtended  by  the  Commissioners  ;  but  no  satisfactory  evidence 
was  oflered  in  confirmation  of  such  statement. 

That  your  petitioner  urged  his  right  to  a  cross  examination  of 
witnesses  produced  on  the  part  of  the  prosecution,  and  urged  this 
right  on  points  very  material  to  his  defence.  He  insisted  that  the 
whole  of  the  admissions  he  had  made  before  Magistrates  when  cap- 
tured should  be  inserted  on  the  minutes  of  evidence— a  part  only  of 
such  admissions  having  been  reduced  to  writing— and  that  if  he  were 
not  permitted  to  obtain  the  evidence  of  such  admissions  by  the  cross 
examination  of  Col.  Prince,  one  of  those  Magistrates,  that  no  ^art 
of  the  admissions  that  happened  to  be  reduced  to  writing  Should  be 
given  in  evidence. 

These  and  many  other  objections  were  all  overruled  by  ^he  Court 
Martial,  and  "  your  petitioner  pronounced  guilty  of  the  chi.ge  pre- 
fered  against  him  and  sentenced  to  be  transported  as  a  felon  to  one 
of  Hei  Majesty's  islands  during  his  natural  life." 

From  such  arbitrary  and  illegal  proceedincrs  and  sentence^  he 
now  appeals  to  the  power  of  his  country,  which  he  believes  compe- 
tent to  grant  relief.     Firmly  relying  that  his  case,  involving  the  fate 


76 


also  of  so  many  others,  will  engage  your  earliest  consideration,  and 
attention.  And  your  petitioner  prays  that  such  measures  may  be 
taken  by  your  Excellency  as  will  release  him  from  the  effects  of  laws, 
passed  by  foreigners,  and  put  in  operation  against  one  who  has  not, 
even  if  he  were  bound  by  them,  infringed  either  the  letter  or  mean- 
ing thereof. 

And  as  in  duty  bound  he  will  ever  pray. 


NO.  V. 


EXTRACT  FROM  JAY'S  TREATY. 
Sec.  1  It  is  agreed,  that  it  shall,  at  all  times,  be  free  to  his  Ma- 
jesty's subjects,  and  to  the  citizens  of  the  United  States,  and  also  to 
the  Indians  dwelling  on  either  side  of  the  said  boundary  Hne,  freely 
to  pass  and  repass  by  land  or  inland  navigation,  into  the  respective 
territories  and  countries  of  the  two  parties,  on  the  continent  of 
America,  (the  country  within  the  limits  of  the  Hudson's  Bay.company 
only  excepted,)  and  to  navigate  all  the  lakes,  rivers  and  waters 
thereof,  and  freely  to  carry  on  trade  and  commerce  with  each  other. 
Put  it  is  understood  tha*  this  article  does  not  extend  to  the  admission 
of  the  vessels  of  the  United  States  into  the  seaports,  harbors,  bays, 
or  creeks  of  his  Majesty's  said  territories  ;  nor  into  such  parts  of 
the  rivers  in  his  Majesty's  said  territories  as  are  between  the  mouth 
thereof,  and  the  highest  ports  of  entry  from  the  sea,  except  in  small 
vessels  trading  bona  fide  between  .Montreal  and  Quebec,  under  such 
regulations  as  shall  be  established  to  prevent  the  possibility  of  any 
frauds  in  this  respect ;  nor  to  the  admission  of  British  vessels  from 
the  sea  into  the  rivers  of  the  United  States,  beyond  the  highest  ports 
of  entry  for  vessels  from  the  sea.  The  river  Mississippi  shall,  how- 
ever, according  to  the  Treaty  of  Peace,  be  entirely  open  to  both  par- 
ties ;  and  it  is  further  agreed,  that  all  the  pons  and  places  on  its 
Eastern  side  to  whichsoever  of  the  parties  belonging,  may  freely  be 
resorted  to,  and  used  by  both  parties,  in  as  ample  a  manner  as  any 
of  the  Atlantic  ports  or  places  of  the  United  States,  or  any  of  the 
ports  or  places  of  his  Majesty  in  Great  Britain. 


LETTER  TO  GOV.  ARTHUR. 

To  His  Excellency  Sir  George  Arthur, 
Lieutenant  Governor,  &c. 
Thomas   Jefferson  Sutherland,  a  citizen  of  the  United  State?  of 
America-,  now  detained  a  prisoner  by  the  Government  of  the  Pro- 
vince of  Upper  Canada,  would  respectfully  represent  to  Your  Ex- 
cellency, that  it  is  his  intention  to  present  the  circumstances  of  his 


77 

capture  and  detention  to  Ijer  Majesty  the  Queen  of  Great  Britain 
and  Ireland,  to  the  end  of  relief,  and  that  he  may  bo  liberated  from 
his  present  condition  and  permitted  to  return  to  his  country  and 
friends.  Wherefore  he  solicits  Your  Excellency  to  cause  to  be  made 
and  delivered  to  him  a  certified  copy  of  all  the  proceedings  taken 
against  him  by  and  before  a  Militia"  General  Court  Martial  in  this 
Province,  with  his  defence,  made  before  said  Court  Martial  ;  and 
copies  of  the  Laws  or  Statutes  under  which  such  proceedings  were 
had,  that  he  may  lay  the  same,  with  his  petition,  before  Her  Ma- 
jesty by  an  early  day. 

Very  respectfully  submitted  to  Your  Excellency.      , 

TH.  J.  SUTHERLAND. 
Home  District  Gaol,  > 
23d  April,  1838.      \ 


LETTER  FROM  J.  JOSEPH  TO  SHERIFF  JARVIS. 

Government  House,  P 
26th  April,  1S38.  .  \ 
Sir — {  am  commanded  by  His  Excellency  the  Lieutenant  Gover- 
nor, to  request  you  to  be  so'obliging  as  to  acquaint  T.J.  Sutherland, 
a  convict  in  the  Gaol  of  this  city,  under  sentence  of  transportation, 
that  His  Excellency  has  received  his  memorial,  requesting  to  be 
furnished  with  a  "  certified  copy  of  all  the  proceedings  taken  against 
him  by,  and  before,  a  Militia  General  Court  Martial  in  this  Province, 
with  his  defence  made  before  said  Court  Martial — and  copies  of  the 
laws  or  statutes  under  which  such  proceedings  were  had — that  he 
may  lay  the  same,  with  his  petition,  before  Her  Majesty,  by  an  early 
day."  In  leply  to  this  request  His  Excellency  begs  you  to  inform 
the  Prisoner,  that  a  copy  of  the  Trial,  and  the  documents  connected 
with  it,  has  been  transmitted  by  His  Excellency,  to  the  Secretary 
of  State  for  the  Colonies. 

I  have  the  honor  to  be  sir, 

Your  obedient  humble  servant 

J.  JOSEPH. 
Mr.  Sheriff  Jarvis. 


s 


AFFIDAVITS. 


ss. 


State  op  Michigan,  ) 

Wayne  County.       \ 

George  R.  Griswold  of  the  city  of  Detroit,  being  duly  sworn,  de- 

poseth  and  saith,  that  he  is  personally  acquainted°with  Gen.  Th.  J. 

Sutherland,  and  that  during  the  engagement  between  the  Patriots  and 


78 


the  Canadians  on  Point  aux  Police  Island,  and  while  said  Island  was 
occupied  by  the  Patriots  on  the  1st,  2d,  and  3d  of  March,  said  Gen. 
Sutherland  was  in  the  city  of  Detroit,  and  that  deponent  believes 
said  Gen.  Sutherland  was  never  on  said  Island, — and  deponent  fur- 
ther saith  that  said  Gen.  Sutherland  hud,  prior  to  said  engagement, 
entirely  disconnected  himsolf  by  his  acts,  and  by  open  avowal  from 
any  further  connection  with  th"  Patriots,  and  with  any  further  mea- 
sures hostile  to  the  British  government. 

GEO.  R.  GRISWOLI). 
Sworn  and  subscribed  to  before  me,  } 
ti)is  2d  day  of  June,  A.  D.  1838.    5 
Ben.  KiNGe«uiiv,  Notary  Public,  W.  C.  S.  M. 

City  of  Monroe,  June  4th,  1838. 
The  subscribers  being  requested  to  give  information,  if  any  we 
can  give,  relative  to  Gen.  Sutherland's  loss  of  a  trunk  in  this  city, 
we  can  say  so  far  as  this — that  on  or  about  the  28th  day  of  Febru- 
ary, 1838,  he,  Gen.  Sutherland,  called  at  our  store,  in  this  city,  and 
made  known  his  losses,  and  we  went  to  the  Monroe  House  Tavern, 
and  Conversed  whh  the  Landlord  and  others  on  the  subject,  and 
could  get  no  definite  information,  but  were  then,  and  now  are  of  the 
opinion  that  he  was  robbed  of  hi:;>  trunk  there,  and  our  opinion  then 
was,  and  now  is,  that  his  trunk  and  contents  were  taken  by  sundry 
men  claiming  to  be  Patriots,  who  were  then  in  this  city. 

Gen.  Sutherland  stated  to  us  that  he  should  go  from  here  to  De- 
troit in  hopes  to  gain  information  of  his  trunk  and  contents. 

J.  HENRY  MILLER. 
Firm  of  J.  H.  &  J.  C.  Miller. 
Sworn  to  and  subscribed  before  me,  ? 
this  4th  day  of  June,  1838.  ^ 

Abner  Morton,  Justice  of  the  Peace. 


ss. 


State  of  Michigan, 

County  of  Monroe. 

Abner  Morton  of  the  city  of  Monroe,  in  said  county,  being  duly 
sworn,  deposeth  and  saith,  that  on  the  28th  of  February,  A.  D.  1838, 
at  Monroe  aforesaid.  Gen.  Th.  J.  Sutherland,  then,  (as  this  depo- 
nent understood)  late  of  the  Patriot  army,  so  called,  applied  to  this 
deponent  for  a  warrant  against  one  Charles  G.  Irish,  and  furnished 
a  complaint  in  writing,  charging  the  said  Charles  G.  Irish,  on  the 
20th  day  ofFebruary,  A.  D.  1838,  at  said  Monroe,  feloniously  took, 
stole  and  carried  away  a  certain  trunk  and  contents,  of  the  value  of 
ftvu  hundred  dollars,  the  property  of  the  said  complainant,  thai  there- 
upon said  deponent  issued  a  warrant  for  the  apprehension  of  the  said 


Innd  was 
aid  Gen. 
believes 
lent  fur- 
igement, 
val  from 
ler  mea- 

)LI). 


^38. 

'any  we 
hivS  citv, 
Febru- 
eity,  and 
Tavern, 
ect,  and 
re  of  the 
lion  then 
I  sundry 

e  to  De- 

.  Miller. 


ing  dulv 
D.  1838, 
is  depo- 
\  to  this 
irnished 
,  on  the 
ly  took, 
'alue  of 
:it  tlicrc- 
the  said 


79  .    , 

Charles  (i.  Iri^h— that  said  conij)hiinant  took  said  varrant,  and 
wont,  as  this  deponent  understood,  and  now  believes,  in  puisuic  of 
the  said  Irish— that  said  Gen.  Sutherland,  as  this  depou(;nt  v.is  in- 
formed, was  very  soon  thereafter  taken  by  the  English,  near  the 
Canadian  line,  and  that  said  warrant  has  never  been  returncsd  to  this 
deponent.  ABNCR  MORTON. 

subscribed  and  sworn  to  before  me,  > 
this  4th  day  of  June,  A.  D.  1838.    3 

James  Shaw,  Justice  of  the  Peace. 


ss. 


Statk  of  Michigan,  > 
Wayne  Connty.       S 
T,  Benjamin  Chittenden,  of  the  city  of  Detroit,  in  said  county, 
being  duly  sworn,  doth   depose  and  sav,  that  he   is  personally  ac- 
quaintrd  with   Gen.  Th.  J.  Sutherland',  a  prisoner  in  Canada,  and 
was  so  acquainted  with  him,  Gen.  Sutherland,  at  the  time  and  when 
he,  Gen.  Sutherland  (in  company  with  one  Spencer,)  left  Gibralter, 
in  a  direction  for  Lt)vver  Sandusky,  which   was  about  12  o'clock  on 
the  4th  of  Mn  rch,  1838  ;  and  about  an  hour  and  a  half  after  their  de- 
parture, he,  this  der    ..ent  with  one  David  Thompson,  left  Gibralter 
in  a  sleigh  for  the  city  of  Brest,  lying  about  seven  miles  below  Swan 
Creek,  and  that  after  travelling  an  hour  or  an  hour  and  a  half  from 
(iibraltcr,  he,  this  deponent,  passed  Gen.  Sutherland  and  said  Spen- 
cer on  the  ice,  7  or  8  miles    below  Gibraltar,  and  after  so  passing 
them,  he,  this  deponent  frequently  stopped  his  horse  and  looked  back, 
and  saw  Gen.  Sutherland  and  Spencer,  and  being  well   acquainted 
with  the  course  and  distance  from  the   mouth  of  the  river  to  Point 
aux  Pellee,  he,  this  deponent,  then  observed  to  said  Thompson,  that 
by  the  direction  of  Gen.  Sutherland  and  Spencer,  they  could  not  be 
bound^for  Point  aux  Pellee.     This  deponent  further  says  that  about 
four  o  clock,  p.  M.  of  the  same  day,  and  after  passing  Point  Mouillee, 
he,  this  deponent,  saw  Gen.  Sutherland  and  Spencer  about  two  and 
a  half  miles  distance  from  said  deponent,  and  evidently  on  our  own 
waters,  and  far  from  the  boundary  line,  he,  this  deponent  saw  Gen. 
Sutherland  stop  and  stand  still,  and  at  the  same  lime,  he,  this  depo- 
nent, saw  a  sleigh  with  persons  therein  drive  up  to  and  arrest  Gen 
Sutherland  and  Spencer,  which  sleigh,  this  deponent  had  for  some 
t:me  seen  approaching  them  apparently  direct  from  Maiden,  and  this 
deponent  further  says  that  he  is  certain  that  Gen.  Sutherland  stopped 
some  minutes  before,  and  stood  still  until  the  sleigh  drove  up,  and 
the  persons  therein  arrested  Tboth  Gen.  Sutherland  and  Spencer)— 
and  that  he.  Gen.  Sutherland   did  not  run  on  the  approach  of  the 
sleig.),  as  is   reporied  to  have  been  stated   by  Col.  Prince,  who  ar- 
rested him. 


1 


80 


A)»(l  tliis  deponent  fiirthur  says,  that  he  was  called  upon  lor  infor- 
mation relative  to  (general  Sutherland's  arrest,  and  at  request  ac- 
companied John  Farmer,  the  Surveyor,  on  the  9th  and  10th  of 
March,  ls;i8,  for  the  purpose  of  examining  the  place  of  General 
Sutherland's  arrest,  and  that  although  he,  this  deponent,  signed  a 
report,  the  result  of  said  examination,  as  set  forth  in  the  allidavit  of 
said  Farmer ;  yet  nevertheless,  he,  this  deponent,  upon  mature  re- 
flection and  deliberation  entertains  strong  doubts  about  those  being 
the  tracks  of  (^en.  Sutherland  and  Spencer,  which  he,  this  deponent 
pointed  out  to  said  Farmer,  which  he  and  said  Farmer  traced,  and 
upon  which  the  report  of  said  examination  was  founded,  as  set  forth 
in  the  afUdavit  of  said  Farmer  :  because  this  deponent  was  below 
Point  JVlouillee  when  he  saw  Gen.  Sutherland  and  Spencer  arrested, 
from  which  place  this  deponent  is  now  confident  he  could  not  have 
seen  Gen.  Sutherland  and  Spencer  when  arrested,  if  arrested  at  the 
place  of  examimtion  on  the  9th  and  10th  of  March,  as  set  forth  in  the 
report  of  said  examination,  refered  to  in  the  atfidavit  of  said  Farmer. 

And  this  deponent  further  says,  that  if  those  were  the  tracks  of 
Gen.  Sutherland  and  Spencer,  which  he  pointed  out  to  said  Farmer 
at  the  time  of  the  examination  on  the  9th  and  lOth  of  March,  that 
then  he,  this  deponent  is  clearly  of  the  opinion  that  the  thaw  which 
had  taken  place  subsequent  to  the  arrest,  but  previous  to  the  exami- 
nation must  have  so  obliterated  the  impression  of  Gen.  Sutherland's 
and  Spencer's  tracks  at  and  beyond  the  place  of  examination,  as  to 
have  prevented  the  tracing  of  them  to  the  placo  of  arrest.  This  de- 
ponent thinks  the  appearance  of  the  sleigh  tracks  refered  to  in  the 
report,  could  not  have  been  that  of  Prince's,  and  that  if  those  were 
the  tracks  of  Gen.  Sutherland  and  Spencer  refered  to  in  the  report 
of  the  examination,  that  then  Gen.  Sutherland  and  Spencer  must 
have  changed  their  direction  at  the  place  of  examination,  and  pro- 
ceeded towards  a  certain  vessel  which  was  frozen  in  the  ice,  and  the 
only  one  at  the  head  of  the  Lake — and  which  said  deponent  saw  du- 
ring the  examination  on  the  9th  and  lOth  of  March,  and  which  said 
deponent  should  th:  k,  and  know  was  five  or  six  miles  distant — and 
as  far  as  the  eye  could  reach.  If  this  was  the  vessel  within  half  a 
mile  of  which  it  is  reported  that  Prince  has  stated  he  arrested  Gen. 
Sutherland,  and  being  the  only  one  in  that  vicinity,  then  he  must 
have  been  arrested  on  our  own  waters,  for  this  deponent  thinks  said 
vessel  was  not  less  than  two  and  a  half  or  three  miles  westerly  of 
and  from  the  bfundary  line. 

BENJAMIN  CHITTENDEN, 

Sworn  and  subscribed  before  rae,  ^ 
this22ddav  of  June,  l83a.       ^ 
J.  W.  HiDuo. 


HI 


for  inlbr- 
quest  ac- 
10th  of 
General 
signed  a 
Ikluvit  of 
ature  rc- 
)se  being 
deponent 
oed,  and 
set  forth 
as  below 
arrested, 
not  have 
ted  at  the 
rth  in  the 
Farnner. 
racks  of 
I  Farmer 
rch,  that 
iw  which 
10  exami- 
he  Hand's 
on,  as  to 
This  de- 
to  in  the 
ose  were 
le  report 
;er  must 
and  pro- 
,  and  the 
t  saw  du- 
hich  said 
mt — and 
in  half  a 
ted  Gen. 
he  must 
inks  said 
iterly   of 

DEN, 


Sta'I'f  'oi'  Omo,  "^ 
Lucas  Cnun/ji,    ^'  ^' 

Ira  Smith  of  ilio  city  of  Toledo,  in  said  county,  being  duly  sworn, 
(loposf'th  and  saith,  tlwit  ho  is  arcjuninfod  with  Ge'iiorai  'J'li.  /.  Suther- 
land, rind  was  so  arcjuaintfd  with  him  Ik'Ioiv  and  at.  the  time  of  the 
disturbnnccs  in  (Canada.     'I'hat  he  knows   llio  time  when  hf,   (Jen. 
Suthorlnnd,  was^ongagerl  in    said  contnst— that  ho  saw    him.  Gen. 
Sutherland,  at  Tohido  aforesaid,  soon  after  the  troubles  in  (-'anada 
aforesaid  bngan  to  assume  a  serious  aspect.     That  at  that  time  ho 
stated  to  this  dcpuucnl  he  had  autl.ority  to  t;il<e   the  eommatid  of  a 
force  that  was  to  be  conceutritod  at  or  near  AlaMcu  for  the  purpose 
of  aiding  tin;  force  there  stationed  on  iVnvy  Island.     That  he,  (Jen. 
Sutherland,  left  Toledo  ns   ho  stnted  fo-  the  aforesaid  spot--tli!it  ho 
saw  no  more  of  him  until  the  evaeiialiou  of  Navy  Island,  and  the 
moving  of  a  portion  of  the  forces  stationed  tbfire  after  onto  Fighting 
Island  (or  some  other  point  near  Maiden.)    That  he,  Gen.  Sutherland,' 
then  returned  to  Toledo,  having  resigned  and  disconnected  himself 
wholly  from  the  Patriots— and  having  received  his  discharge,  which 
he  exhibited  to  this  deponent,  and  at  the  same  time  stated  that  be  should 
cng.'ige  no  more  in  said  contest.     That  soon  alter  (!on.  StUherland 
left  this  city  in  company  with  this  deponent,  for  the  city  of  Monroe, 
expecting  to  find  bis  baggnge  at  that  i)lacc.     On  arriving  at  Monroe, 
he,  Gfcn.  Sutherland,  found  his  baggage  had   been  stolen  or  taken 
from  the  Monroe  House  by  one  (Jharles  G.  Irish,  and  as  we  were 
informed  had  gone  to  the  city  of  Detroit ;  when    Gm.  Sutherland 
took  out  a  warrant  before  Abner  Morton,  Ksrp  a  .Justice  of  the  Peace 
of  said  county,  and  proceeded  to  Detroit  in  search  of  the  said  Irish, 
and  as  this  deponent  is  informed,  he  Gen.  S.  not  finding  his  baggage 
at  the  city  of  Detroit  and  being  informed  that  the  said  Irish  had  left 
for  Lower  Sandusky  and  taken  the  route  around  the  head  of  Lake 
Erie— he.  Gen.  S.  thought  it  advisable  to  cross  the  head  of  Uic  Lake, 
savmg  the  distance  of  UO  or  70  miles,  and  by  so  doing  arrive  at 
Lower  Sandusky  as  soon  as  the  said  Irish  ;  and  when  so  crossing  the 
Lake  was  kidnapped  by  one  .fobn  Prince   and  a  number  of  others 
doubly  armed  for  that  purpose,  and  carried  off  from  our  own  waters 
as  this  deponent  is  informed— they  were  on  a  direct  line  from  (jib- 
ralt.er  to  l.owor  Sandusky,  which  is  manv  miles  on  the   American 
side  of  the  line. 

And  this  deponent  further  says,  that  he  saw  him.  Gen.  Sutherland, 
in  Toledo  on  the  da;,  of  the  engagement  on  Fighting  Island,  and  be- 
lieves he  was  at  this  time  entirely  ignorant  of  all  the  movements  of 
the  "Patriots,"  (as  they  were  called.)  And  this  deponent  further  says 
that  he  has  every  and  abundant  reason  lor  believing  that  he.  Gen. 
Sutherland,  had  no  eonnection  with,  or  knowledge  of  the  Patriots 

11 


H2 


rollcctcd  tipon  Point  aiix  IVllcc  Island,  and  is  confident  tlmt  ho,  Gon. 
Siilhcrhind,  was  not  on  the  ia!-nd  nt  any  tinio  during  tho  winter  of 
A.  1).  isa? — 8  ;  and  fiirtlitir,  that  this  deponent  is  well  satisfied  and 
believes  tlmt  he,  (u-n.  SulhiJrIaiid  was  not  In  any  engagement  be- 
tween tho  Patriots  and  the  Hrilish  subjects. 

iiiA  sMrni. 

Swoin  ajKl  ubscrihed  before  nio,  a  "Notary  Public,  in  and  for  said 
county,  duly  commissioned  and  sworn,  on  liiis  Mist  day  of  May  A.  1). 
l?<;>£i,  at  the  city  aforesaid. 


S6. 


Statk  ok  Michioax, 
Wayne  Counli/, 

I,  .Tohn  Farmer,  of  tho  city  of  Detroit,  in  said  county,  being  duly 
sworn,  doth  dejioso  and  say— that  on  the  Dth  day  of  March  1838,  he, 
this  deponent  received  an  order  from  tho  (lovernor  of  this  State 
rc([uiring  him,  (this  deponent)  as  surveyor,  to  take  immediate  meas- 
ures to  ascertain  whether  the  arrest'  of  Thomas  J.  Sutherland,  a 
citizen  of  the  United  States,  occurred  within  the  jurisdiction  of  said 


I 


This  deponent  further  saith,  that  ho  was  at  said  city  of  Detroit  on 
the  4th  of  March  IS'AS,  the  time  \\c,  (Jen.  Sutherland,"^  was  arrested 
by  the  British  authorities — that  ho  was  therefore  ignorant  of  tho  place 
of  his  arrest,  and  consequently  had  to  refer  to  others  for  informa- 
tion :  And  as  it  was  reported  "  that  Benjamin  Chittenden  and  David 
Thompson  had  stated  that  they  saw  Gen.  Sutherland  at  Gibralter 
on  the  Ith  of  March  last,  the  day  of  his  arrest;  that  they  also  saw 
him  with  a  person  supposed  to  be  Spencer,  leave  our  shore  on  foot 
upon  the  ice,  in  a  direction  for  Lower  Sandusky,  and  that  some  time 
after  the  dopartiire  of  him.  Gen.  Sutherland  and  Spencer,  they,  Chit- 
tenden and  Thompson  started  in  a  sleigh  from  Gibralter  on'the  ice 
for  the  city  of  Jircst,  and  that  after  passing  Point  Mouillee,  and  about 
three  or  four  hours,  after  tho  departure  of  Gen.  Sutherland  and 
Spencer,  they,  Chittenden  and  Thompson  saw  them  about  two  and  a 
half  miles  distant,  and  evidently  on  our  waters,  overtaken  and  arrest- 
ed by  persons  in  a  sleigh  apparently  direct  from  Maiden."  Therefore 
this  deponent  sought  for,  but  not  being  able  at  that  time  to  find  Thomp- 
son, be  called  upon  said  Chittenden  07ily,  who  not  only  confirmed 
said  report,  but  also  stated  to  this  deponent  that  he  presumed  that  he 
could  find  the  tracks  of  Gen.  Sutherland  and  Spencer  on  the  ice,  by 


83 

tracing  which  tliis  dopoiuinl  ruight  arrive  tit  the  pluco  of  thuir  urrost ; 
this  (li'pniiont,  thercronjcmphn'CHi  said  ('hittciidcri,  and  also  onu  E.ii. 
1ialhro|)t()  assist  him,  and  liuviiig  provided  hiiiiscir  with  itistnimcnls 
for  tho  purposi!  ordotcnriiiiing  acciiratoly  the  sitit;itioii  of  the  phioo 
of  arrest,  providing  its  proximity  to  thi!  national  houndary  line  should 
rendcir  its  jurisdiction  uncertain  or  douhtful  ;   he,  this  de'ponent,  with 
said  Chittenden  and  Lathrop  proceeded  forthwith  to  (lihralt(!r.  thenco 
by  the  direction  of  Chittenden  to  a  place  on  the  ice  helow  (Jibralter 
where  said  Chittenden  pointed  out  to  this  df'ponent  the  tracks  of  two 
persons  heading  towards  the  Canada  shore,  which  were  then  suppos- 
ed to  be  the  tracks  of  Sutherland  and  Sjienccr;  they  were  paralhd 
and  about  three  or  four  feet  apart— those  made  hy  the  person  who 
had  walked  on  the  ujjper  side  were  much  larg(!r  of  the  two,  confirm- 
ing what  Clnttenden  liad  previously  staled,  to  wit— that  Ccn.  Suth- 
erland was  much  the  larger  man  of  the  two  and  walked  on  the  up- 
per side.     These  tracks  this  deponent  traced  to  their  termination,  as 
he  then  supposed,  a  short  distance  from   which,  was  a  sleigh  track 
apparently  from  Maiden  ;  bui  which  this  deponent  could  not  ariive 
at  nor  oxamine,  on  account  of  tho  holes  in,  and  tho  decomposition  of 
the  ice  at  this  place,  which  wasexce(«dingly  rotten  and  covered  from 
six  U)  ten  inches  with  water.     Tiiis  place'this  deponent  and  also  Chit- 
tenden and    l^athrop  .lien  concluded   was  the  place  of  Cen.  Suther- 
land's and  Spencer's  arrest,     ft  was,  in  the  o[)ini.  .u  of  this  deponent, 
within  one  and  a  half  miles  of  the  Canada  shore,  and  in  full  view  of 
Maiden  ;  the  (Queen's  store  house  at  which  j)!acc  could  he  distinctly 
seen  between  the  main  shore  of  Canada  and  I'.ois  lilanc  Island,  and 
the  light  house  on  said  Island  bore  north  five  degrees  east.     This 
place  then,  supposed  to  he  the  plcae  of  his  arrest,  was  so  evidently, 
within  the  jurisdiction  of  Canada,    that  this  deponent,  and  also  said 
Chittenden  and  Lathrop,  deemed  an  actual  survey  and  measurement 
entirely  unnecessary.     This  deponent  therefore  drew  up  a  report  at 
the  time,  setting   forth  the  rc:,ult  of  said  examination  as  aforesaid, 
which  was  signed  by  this  deponent,  and  also  by  sa.d  Chittenden  and 
Lathrop  ti.d  winch  he,  this  deponent,  delivered  to    the  Governor, 
a  copy  of  which   this  deponent  has  not  preserved,  because  he  then 
believed  that  that  was  the  place  of  Gen.  Sutherland's  arrest— and 
that  it  was  so  evidently  within  the  boundaries  of  Canada,  that  its 
jurisdiction  would  not  and  could  not  be  questioned.     But  as  said  Chit- 
tenden has,   since  the  making  of  said  examination,    and  the  said 
drawing  up  and  signing  of  said  report,  stated  to  this  deponent  that  he, 
Chittenden,  upon  more  mature  reflection,  entertains  strong  doubts 
about  those   being  the  tracks  of  General   Sutherland  and  Spencer 
which  he  pointed  out  to  this  deponent  at  said  examination  ;  and  that 
if  they  were,  that  he,  the  said  Chittenden,  is  of  the  opinion  that  the 


84 


heavy  thaw  vvliich  succeeclcd  tlieir  arrest,  must  I'avc  so  obliteratcJ 
the  frocks  at  the  time,  niul  cspocitilly  at  the  phireof  said  exainiiuitioii 
us  to  have  prevented  our  perceiving  them  I'lirlher,  and  consequently 
have  prevented  tracing  them  to  t!i('ir  ultiniafe  lerniination,  the  phice 
of  their  arrcht  ;  assigninq  as  a  reason  that  (Wn.  Sutherhmd  and 
Spencer  had  been  travelling  (|uile  rapidly  for  three  or  i'our  hours  on 
the  ico  when  they  wore  overtaken  and  arresttMl.  and  that  conse(juent- 
Jy  th;-y  must  have  ])roceede(l  further  tlian  four  or  five  miles  at  the 
time  of  their  arrest;  and  said  Chittenden  alleged  as  a  further  reason 
that  iu;  and  said  Thempson  could  not  have  seen  them  frcri  Pcjint  ' 
Mouilleo  when  arrested' if  they  were  arrested  at  the  place  of  said 
examination. 

This  deponent  would  th'-refore  also  observe  that  if  those  were  the 
tracks  of  Clcn.  Sutherland  and  Si)encer,  and  if  thev  were  bevond 
the  i)lacc  of  said  examination,  that  he,  tliis  deponent  is  fully  of  the 
opinion,  that  the  ice,  at  this  place  and  immediately  beyond  in  its  vi- 
cinity, was  so  extremely  rotten  and  full  of  holes,  as  to  have  render- 
ed it  very  hazardous,  if  not  impossible  to  have  pursued  them  further, 
oven  if  their  tracks  had  continued  visible.  And  this  deponent  would 
further  observe  that  the  snow  which  had  been  quite  deep  on  the  ice 
at  the  time  of  their  arrest,  was  at  and  beyond,  in  the  immediate  vi- 
cinity ofsaid  examination,  so  nearly  exhausted  by  the  thaw  which 
succeeded  their  arrest,  anJ  ihc  ice  at  this  place  was  so  covered  with 
water,  so  open  in  spots  and  iillcd  with  air-holes,  in  a  certain  direc- 
tion, that  this  deponent  is  of  the  opinion  that  the  tracks  of  General 
Sutherland  and  Spencer  would  not  have  been  legible  further,  if  they 
Imd  continued  on  from  this  place  in  the  same  direction,  or  if  they 
hiXd  turned  towards  the  centre  of  the  Lake,  or  towards  a  certain 
vessel  lying  in  sight  of,  and  about  five  or  six  miles  from  this  place, 
but  their  tracks  would  have  been  legible  if  thev  had  here  turned  to- 
wards \\\c  American  shore.  It  is  tlierefore  possible  (even  if  those 
were  their  tracks,)  that  this  was  not  iheir  termination,  or  the  |)laco 
of  their  arrest,  as  they  might  have  turned  at  or  in  the  vicinity  of 
this  place  towards  and  in  the  direction  of  a  vessel  frozen  in  the  ice, 
which  this  deponent  saw  and  should  think  was  about  five  or  six  miles 
distant.  If  this  was  tiio  vessel,  (and  this  deponent  saw  no  other) 
within  half  a  mile  of  \.  liicli  it  is  reported  that  Prince  states  he  arrest- 
ed Gen.  Sutherland,  and  if  he  was  arrested  within  halfajiiile  of 
this  vessel,  tlien  this  deponent  has  no  doubt  he  was  arrested  within 
the  jurisdiction  of  the  United  States  ;  for  this  deponent  is  clearly  of 
opinion  thnt  this  vessel  lay  at  least  a  mile  and  a  half,  if  not  more 
westerly  of  the  national  boundary  line.  This  deponent  would  also 
further  observe  that  in  Ins  opinion  it  would  have  been  utterly  im- 
possible fqr  said  Chittenden  and  Thompson  to  have  seen  the  urrest 


85 

of  Gen.  Sutherland  and  Spcucor  by  the  liritish  from  Point  Mauilleij, 
if  they  were  arrested  at  the  place  uV  said  exam iualion  aforesaid,  und 
further  this  deponent  saith  not. 

.INO.  FARMICR,  Surveyor. 
Detr  ii,  J.  ne  31,  1838. 

Sw'oiji  and  subscribed  before  me,  ^ 
th     •  t  <^  'joy  of  June,  18J18.      ^ 
D.         IIarbauuh,  Justice  of  the  Fence. 


To  Mis  Excellency,  Martin  Van  Buren,  President  of  nre 
United  S'iates  of  America, 

The  undersigned,  now  a  prisonerin  the  gaol  of  the  city  of  Toronto, 
Upper  Canada,  would  respectfully  represent  to  your  Excellencv, 
that  he  is  a  citizen  of  the  United  States,  a  native'cf  the  city  of  A'I- 
bany,  State  of  New  York,— a  son  of  Ambrose  Spenccs,  late  Jhief 
Justice  of  said  State  of  N.  York — and  t'aat  he  sometime  in  the  nonth 
of  February  last  arrived  at  Detroit,  in  the  State  of  Michigan,  where 
he  became  acquainted  with  Gen.  Th.  J .  Sutherland,  of  the  Patriot 
Army  of  U|)per  Cannda,  and  from  whom  he  then  learned,    that  he, 

(Gen.  Sutherland)   had   resigned  his  command  v    \\  the  Patriots 

and  was  about  to  return  home.  That  about  the  first  of  March,  he 
was  informed  by  Gen.  Sutherland  that  he.  Gen.  Sutherland,  had 
been  robbed  of  his  trunk,  containing  his  clothes  r.nd  papers  of  value, 
by  persons  known  to  the  undersigned,  which  induced  him  to  tender 
his  services  to  Gen,  Sutherland  fo.  aid  in  the  recovery  of  his  proper- 
ty. That  the  persons  whom  it  was  believed  had  committed  the  rob- 
bery had  fled,  as  it  was  supposed,  towards  Sandusky,  Ohio,  bv  way 
of  Perrysburg;  and  for  the  purpose  of  intercepting  them,  he  pro- 
posed to  cross  the  ice  at  the  head  of  Lake  Erie,  from  Gibralter,  Mi- 
chigan, directly  to  Sandusky  City,  which  might  be  done  on  foot 

and  Sandusky  arrived  at  by  one  third  the  distance  or  less  than  the 
route  by  Perrysburg,  Ohio,  which  Gen.  Sutherland  consented  to 
undertake  wjtli  him. 

That  for  this  purpose  the  undersigned  with  Gen.  Sutherland,  and 
no  other  person  in  company  on  the  4th  of  March  last,  at  about  13 
o'clock  M.  we  left  Gibralter  and  travelled  down  upon  the  ice  towards 
Sandusky,  keeping  the  whole  time  several  miles  towards  the  Ame- 
rican shore  from  the  channel  of  the  waters.  That  at  about  half  past 
four  o'clock,  p.  M.  of  the  same  day,  when  he  and  Gen.  Sutherland  had 
arrived  within  about  half  a  mile  of  a  schooner  which  being  frosen  in 
the  ice,  a  little  west  of  the  island  called  the  West  Sister— ^they  were 


86 


both  arrested  by  one  John  Prince,  a  mcmbiM-  of  the  Provincial  Par- 
liament of  Upper  Canada,  Colonel  in  the  :Militia,  and  Justice  of  the 
i'eace  of  the  same,  assisted  by  an  armed  bodv  of  men,  and  convey- 
ed i>om  thence  to  FortMaldc,  and  then  to  thiscitv.  That  at  the 
tinrie  of  our  capture,  we  were  «o  near  the  West  Sisier  as  plainly  to 
observe 'he  treco  singly  thereon,  and  so  far  from  the  shores  of  ihe 
United  States,  and  of  Canada,  that  we  could  see  no  speci/ic  objects 
there.  That  when  wejirst  discovered  the  sieighs  in  which  Prince 
and  his  party,  pursued  us  and  when  they  luid  gaine(J  more  than  two- 
thirds  of  the  distance  between  us  and  the  (Canadian  shore,  they  were 
so  far  from  us  < hat  wo  could  not  distinguish  their  character,  and 
supposed  the  sleigh  and  teams  to  be  but  individuals  on  foot,  as  wc 
were  ourselves.  That  fi-oin  an  examination  of  the  maps,  and  as  we 
believed  at  the  time  we  were  captured,  several  miles  within  and  to- 
wards the  American  shore  f'vom  the  boundary  line  between  the  two 
counlrics,  and  that  at  the  time  of  our  capture,  neither  G-n.  Suther- 
land nor  the  undersigned  were  connected  with  any  Patriot  force,  or 
rebel  subjects  of  H'^r  Majesty  the  Queen  of  Great'Britain.  That  they 
had  no  arms  with  them  except  two  old  swords  which  Gen,  Sutler- 
land  had  picked  up  by  the  way  from  Detroit  as  his  propertv,  and 
which  were  in  themselves  inobensive  weapons. 

And  the  undersigned  would  further  state  to  your  E.xcellency  that 
upon  being  brought  to  this  city,  he  was  confined  with  Gen.  Suther- 
land in  the  garrison— from  whence  in  a  few  hours  on  the  same  day 
of  our  arrival,  the  undersigned  was  removed  from  Gen.  Sutherland 
at  the  garrison  to  the  gaol,  where  he  was  met  bv  '.lobert  B.  Sullivan, 
President  of  the  Executive  Council  of  this  P.^vince,  who  then  took 
him  into  a  private  room,  and  showed  him  a  letter  to  himself  (Mr.  S.) 
from  Sir  F.  B.  Head,  directing  the  ordering  of  a  Court  Martial  for 
the  trial  of  Gen.  Sutherland  and  himself.  Mr.  Sullivan  then  said 
to  me  "  have  you  any  thing  to  say  which  would  clear  yourself— a 
Court  Martial  has  been  ordered  for  your  trial  as  vou  see^  and  under 
the  circumstances  it  will  be  all  but  an  impossibility  for  you  to  escape, 
and  if  you  will  give  evidence  against  Gen.  Sutherland,  it  is  the  only 
rreunp  you  can  rely  upon  tor  your  life,  as  he,  Gen.  Sutherland  cer- 
t»uily  ;!iust  die  !''  Mr.  Sullivan  also  urged  me  to  agree  to  '*  testify 
against  Gen.  Sutherland,  that  he  wo.s  going  to  Pellee  Island  when 
captured— on  which  there  was  or  lately  had  been  an  armed  body  of 
Patriots.-^  He  desired  me  also  to  testify  "  that  when  captured  he 
was  within  the  linos  of  the  British  province,"  which  the  undersigned 
declined.  That  during  the  progress  of  Gen.  Sutherland's  trial  be- 
fore a  Court  Martial  in  this  city,  Mr.  Sullivan  came  to  the  under- 
signed at  five  or  six  diflercnt  times,  and  desired  and  urged  him  to 
go  before  the  Court  Martial  and  testify  to  the  matters  above  stated, 


87 


as  requested,  against  Gen    Sutherland,  wluch  l,c  refused  to  do,  as 
the  same  was  not  w  accordance  with  truth. 

And  the  undersigned  would  further  state  that  from  the  time  that 
ne  WHS  removed  Irom  the  company  of  Gen.  Sutherland  untd  'e 
close  of  Ins  trial,  he  was  treated  with  all  the  favor  and  attention  th^t 
could  he  bestowed  upon  hirr,  which  were  withdrawn,  ar  d  he  e  u- 
cea  to  the  cond.t.on  of  other  prisoners  confined  in  thj  gaol-and  a 
winch  state  he  now  remams-as  soon  as  the  trial  was  over  and  du 
his'l';:^nSs.'"'  he  had  no  communication  with  Gen    Sutherhnd  or 

The  undersigned  would  further  state  that  ho  has  not  been  nut  upon 
GeVsn  h  "'V"^  C;ourt  Martial,  and  that  the  Court  before  w Lorn 
Gen  Sutherland  was  tried  has  been  dissolved,  after  sentencing  him 

alii':  5.":nSr  ?  r  °"^  ^'  "^'-  ^^^•'^^^^•■^  Islandrdur^hi^^nalu" 
said  tHal.  ''"'   ""^^  ''''''"  ""'  examined  as  a  witness  on 

Dated  Toronto,  >  S.M.SPENCER. 

April  21,  1838.      ^ 

thaMvP  t""'^  ?"''1  \''  ^^?^""'°  subscribed,  do  certify  and  state 
pt  ence  oTsif'"'^  M%"^"''  "^^^'^"  '^^"^''^  read  to,  and  in  the 
ron  o  :fnf  ^''^^""f  .^f-  SP^"^^'-'  now  a  prisoner  in  the  goal  of  To- 
Td  ^fflr       ''",  T\  '"•"  u'  '^^  ^'•'^'^^  ^'"^^  ^"bscribe  his  name  thereto, 

fnl  w  ?  '  ''^''  '^^^  "•^  '^"^  ^^^''  '''  ^^'^'^  in  the  above  writ' 
ings  were  true  and  correct  : 


April  21,  1838 

HENRY  JOHNSON, 
CLAUDE  COMPEAU, 
W.  VV.  DODGE, 


CHARLES  LOW, 
BARTHOLOMEW  PLANTE, 
STEPHEN  B.  BROPHY, 


HENRY  W.  JOHNSON,     DAVID  PORTFR 

MMES  i7rV^I^^^'  ROBERtTaYLOR, 

JAMlj^S  BROWN,  A   D    BOKDTMP^ATT 

GODLIP  ECKAr'dT,  TOHN  WH  k7e       ' 

JAMES  JOHNSON. 


